BHAG SINGH Vs. STATE OF H.P. AND ORS.
LAWS(HPH)-2020-8-44
HIGH COURT OF HIMACHAL PRADESH
Decided on August 19,2020

BHAG SINGH Appellant
VERSUS
State Of H.P. And Ors. Respondents




JUDGEMENT

SURESHWAR THAKUR,J. - (1.)Through, the, extant writ petition, the writ petitioner seeks quashing of Annexure P-7, Annexure whereof, is, an order rendered by respondent No.2, wherethrough, he refused to make a reference, of, the apposite industrial dispute, vis-a-vis, the Labour Court-cum-Industrial Tribunal concerned.
(2.)The learned counsel appearing for the petitioner, in making an espousal before this Court, vis-a-vis, the afore impugned annexure, being stained with the vice(s) of illegality, has, depended, upon, a verdict rendered by this Court, upon, CWP No. 259 of 2010, titled as Hem Raj vs. State of H.P. and Ors along with connected therewith matters, wherein, this Court while being beset, with an order, of, the Labour Commissioner hence declining, to, make a reference, of, the apposite industrial dispute, to, the Industrial Tribunal concerned, rather had upheld the afore declinings, pointedly, upon, the afore declinings being covered by a decision, of, a Full Bench of this Court, rendered in Liaq Ram Ram vs. State of H.P., decided on 6.1.2011.
Nonetheless, it had clarified that the afore verdict, would not, stand in the way of the petitioners, in theirs, canvassing qua juniors to them becoming retained by their employer. In addition, the learned counsel appearing for the petitioner has depended, upon, a verdict rendered by this Court in CWP No.6238 of 2014, titled as Ghanshyam Singh and Ors vs. H.P. State Electricity Board Ltd and others, decided on 11.04.2016, wherein, this Court had granted permission, to, the writ petitioners to withdraw the writ petitions, with liberty reserved to avail the appropriate remedy, especially in view of the ratio set-forth, by the Hon'ble Apex Court, in, Raghubir Singh vs. to General Manager, Haryana Roadways, Hissar, reported in 2014 AIR SCW 5515.

(3.)The verdict relied, upon, by the learned counsel appearing for the petitioner, and, as embodied in Annexure P-2 does neitherforthrightly nor with aplomb hence sustain, the espousal made before this Court, by him, qua therein, an inflexible mandate becoming pronounced, vis-a-vis, the vice(s) of delay, and, latches rather not comprising any justifiable parameter(s), vis-a-vis, the Labour Commissioner concerned, in his, refusing to thereons, make apposite reference(s), to, the Labour Court-cum-Industrial Tribunal concerned.
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