DESH RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER was engaged as Beldar on daily wage basis in the month of June, 1985 and he was retrenched in the year 1994. The petitioner challenged his retrenchment by filing Original Application No. 809/94, which was dismissed by the erstwhile Himachal Pradesh Administrative Tribunal. Petitioner raised a demand notice, which was declined by respondent No. 2 on 21.5.2011. He challenged order dated 21.5.2011 by filing CWP No. 4947/2013. The writ petition was disposed of on 22.7.2013 and order dated 21.5.2011 passed by Labour Court was upheld.

(2.) CASE of the petitioner, in a nutshell, is that various posts are lying vacant with the respondents, as per the information received by him under the Right to Information Act and despite that petitioner has not been re -engaged. Petitioner has absolutely no right to be considered for posts lying vacant in the department. Petitioner as noticed above, was retrenched in the year 1994. The Original Application was dismissed in the year 1996, by the erstwhile Himachal Pradesh Administrative Tribunal. He raised industrial dispute somewhere in the year 2009. Labour Commissioner has rightly refused to make reference on 21.5.2011. The matter has become absolutely stale and no relief can be granted to the petitioner at this belated stage.

(3.) IN view of the analysis and discussion made herein above, there is no merit in the petition and same is dismissed. Pending applications, if any, also stand disposed of. No costs.