TARA CHAND Vs. H.P.S.E.B.

JUDGEMENT

(1.) By way of this writ petition, petitioner, inter alia, has prayed for quashing of order dated 28.8.2017, Annexure P-1, passed by the Deputy Labour Commissioner, Himachal Pradesh, whereby he has rejected the prayer of the present petitioner to refer the case of his alleged illegal termination to the Labour Court-cum-Industrial Tribunal, for adjudication on the ground that the alleged industrial dispute was raised after a lapse of 14 years from the date of cause of action, which apparently seems to be an afterthought for getting reinstatement in government department for the purpose of getting permanent government employment on the basis of the government policy. The impugned order demonstrates that the dispute was rejected on the ground of being stale as well as belated.

(2.) A bare perusal of the averments contained in the writ petition demonstrates that the case of the petitioner is that he was initially engaged as beldar on 20.8.1998 and his services were verbally terminated without any notice by the respondent-Board in the year 1999. It also stands mentioned in the writ petition that he had earlier filed CWP No.9225 of 2012 in this Court. Thereafter he filed another CWP No. 6914 of 2014, which was disposed of as withdrawn, by this Court alongwith other connected matters with liberty to seek appropriate remedy. Be that as it may, the factum of the petitioner raising industrial dispute after a lapse of 14 years is not disputed.

(3.) The Deputy Labour Commissioner has by a reasoned and speaking order, which stands impugned in this petition, rejected the claim of the petitioner. While doing so, the said authority has relied upon the judgment passed by this Court in CWP No. 1912 of 2016, titled Smt. Bego Devi v. State of HP and others dated 26.10.2016 . In our considered view there is neither any infirmity nor any illegality with the impugned order. At this stage, learned counsel for the petitioner submits that the petitioner may be given liberty to approach the respondent/Board for redressal of his grievances.