LAWS(HPH)-2016-4-263

KISHORI LAL Vs. SECRETARY, HPSEB AND OTHERS

Decided On April 11, 2016
KISHORI LAL Appellant
V/S
Secretary, Hpseb And Others Respondents

JUDGEMENT

(1.) Since commons questions of law and facts are involved in both the petitions, as such same were taken up together for hearing and are being disposed of vide this common judgment.

(2.) Petitioners were engaged by the respondent-Board in Gohar Division in the year 1987. Petitioners were retrenched. They raised industrial dispute. Matter was referred to the Labour Court. Petitions were filed by the petitioners. Replies were filed by the Board in both the petitions. Learned Presiding Judge decided the references and passed Awards dated 29.5.2006, whereby both the petitions were dismissed. It is specifically pleaded by the petitioners that similarly situate person i.e. Davinder Nath has also raised industrial dispute vide reference No. 96/2003. He had also not completed 240 days in one calendar year. The Presiding Judge allowed the petition on 29.5.2006. The Executive Engineer, filed a Civil Writ Petition bearing No. 710/2006 against the Award. Same was dismissed by this Court on 16.6.2007.

(3.) Ms. Archna Dutt, Advocate submits that the present lis is squarely covered by the judgment rendered by this Court in CWP No. 710/2006 titled Executive Engineer, HPSEB vs. Davinder Nath and another. According to her, the issue involved in the present petitions is similar to the one raised in Reference Petition No. 96/2003.