REGENT COMPUTRONICS PVT. LTD.

RAJINDER SINGH Appellant

V/S

STATE OF H.P. Respondents

Referred Judgements :-

TULSIDAS PAUL V. THE SECOND LABOUR COURT,W.B. AND OTHERS [REFERRED TO]
ASSAM OIL CO LIMITED NEW DELHI VS. ITS WORKMEN [REFERRED TO]
RUBY GENERAL INSURANCE COMPANY LIMITED VS. P P CHOPRA [REFERRED TO]
HINDUSTAN STEELS LIMITED ROURKELA VS. A K ROY [REFERRED TO]
MANAGEMENT OF PANITOLE TEA ESTATE VS. WORKMEN [REFERRED TO]
L ROBERT DSOUZA VS. EXECUTIVE ENGINEER SOUTHERN RAILWAY [REFERRED TO]
MANAGER R B I BANGLORE VS. S MANI [REFERRED TO]
U P STATE BRASSWARE CORPORATION LTD VS. UDAI NARAIN PANDEY [REFERRED TO]
SECRETARY STATE OF KARNATAKA VS. UMADEVI [REFERRED TO]
HARYANA STATE ELECTRONICS DEVELOPMENT CORPORATION LTD VS. MAMNI [REFERRED TO]
NAGAR MAHAPALIKA VS. STATE OF U P [REFERRED TO]
MUNICIPAL COUNCIL SUJANPUR VS. SURINDER KUMAR [REFERRED TO]
JAIPUR DEVELOPMENT AUTHORITY VS. RAM SAHAI [REFERRED TO]
REGIONAL MANAGER SBI VS. MAHATMA MISHRA [REFERRED TO]
UTTRANCHAL FOREST DEVELOPMENT CORPORATION VS. M C JOSHI [REFERRED TO]
MADHYA PRADESH ADMINISTRATION VS. TRIBHUBAN [REFERRED TO]
HARYANA URBAN DEVELOPMENT AUTHORITY VS. OM PAL [REFERRED TO]
MAHBOOB DEEPAK VS. NAGAR PANCHYAT GAJRAULA [REFERRED TO]
SITA RAM VS. MOTI LAL NEHRU FARMERS TRAINING INSTITUTE [REFERRED TO]
TELECOM DISTRICT MANAGER VS. KESHAB DEB [REFERRED TO]
U P STATE ELECTRICITY BOARD VS. LAXMI KANT GUPTA [REFERRED TO]
TALWARA COOP CREDIT AND SERVICE SOCIETY LTD VS. SUSHIL KUMAR [REFERRED TO]
JAGBIR SINGH VS. HARYANA STATE AGRICULTURE MARKETING BOARD [REFERRED TO]
HARJINDER SINGH VS. PUNJAB STATE WAREHOUSING CORPORATION [REFERRED TO]
SENIOR SUPERINTENDENT TELEGRAPH TRAFFIC BHOPAL VS. SANTOSH KUMAR SEAL [REFERRED TO]
INCHARGE OFFICER VS. SHANKAR SHETTY [REFERRED TO]
DEVINDER SINGH VS. MUNICIPAL COUNCIL SANAUR [REFERRED TO]
BHARAT SANCHAR NIGAM LTD VS. SEWA RAM [REFERRED TO]
ASST. ENGINEER, RAJASTHAN DEV. CORP VS. GITAM SINGH [REFERRED TO]
ASSISTANT ENGINEER, RAJASTHAN STATE AGRICULTURE MARKETING BOARD, SUB-DIVISION, KOTA VS. MOHAN LAL [REFERRED TO]
B.S.N.L. VS. BHURUMAL [REFERRED TO]
HARI NANDAN PRASAD VS. EMPLOYER I/R TO MANGMT. OF FCI [REFERRED TO]

JUDGEMENT

(1.) Through the medium of this writ petition, the petitioner has prayed for the following reliefs:

(2.) The respondents have filed the reply wherein preliminary objections have been taken with regard to the maintainability of the petition on the ground that no fundamental or legal right of the petitioner has been violated. It has further been averred that petitioner is estopped to file and maintain the present writ petition on account of his own acts and deeds, conduct and acquiescence. It is claimed that cause of action, if any, accrued to the petitioner on 29.11.2004 when the Labour Court passed the impugned award and there is no reason why the petitioner slept for nearly seven years and filed this petition only on 16.9.2011. It is further claimed that in compliance to order dated 29.11.2004, the petitioner has been given the benefit of seniority from the date of reference i.e. 27.4.2001 and after granting the same, he has been offered temporary post of Beldar on regular basis vide order dated 6.5.2010 and therefore, the order having been implemented and accepted by the petitioner, he cannot turn around and challenge the same at this stage.

(3.) Undisputedly, the petitioner at the first instance had approached the Labour Court after more than 13 years and yet was fortunate to have been awarded the relief of reengagement from the date of reference. Going by the recent trend of judgments of the Hon'ble Supreme Court, the reference was bound to have been rejected on the ground of delay and laches, whereby the petitioner was seeking to enforce a stale claim. This would be clear from the following observations of the Hon'ble Supreme Court in its recent decision of Hari Nandan Prasad and Another v. Employer I/R to Management of FCI and Another, 2014 AIR(SC) 1848 :

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RAJINDER SINGH Vs. STATE OF H.P.

Referred Judgements :-

JUDGEMENT

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