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fgekpy izns'k ljdkj

LABOUR AND EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla, the 5th May, 2016

No: Sharm (A) 6-1/2014 (Awards).— In exercise of the powers vested under section 17(1)

of the Industrial Disputes Act,1947, the Governor Himachal Pradesh is pleased to order the

publication of awards of the following cases announced by the Presiding Officer, Labour Court

Shimla on the website of the Department of Labour & Employment of the Government of

Himachal Pradesh:—

245&jkti=@2016&14&03&2016 ¼8705½

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Sr.

No:

Case No:

August, 2013

Title of the Case

Date of

Award

1.

22/2012

Shri Pardeep Kumar V/s XEN, HPSEB Shimla.

12-02-2015

2.

96/2010

Shri Hari Ram V/s HPSEB, Shimla.

11-03-2015

3.

20/2012

Shri Hari Singh V/s HPSEB Chopal.

11-03-2015

4.

13/2014

Shri Rakesh Kumar V/S Dagshai Public School, Solan.

10-03-2015

5.

14/2014

Shri Manju Bala V/S –do-

10-03-2015

By order,

Sd/-

Pr. Secretary ( Labour & Employment).

_________

IN THE COURT OF A.S JASWAL, PRESIDING JUDGE, HP INDUSTRIAL

TRIBUNAL CUM-LABOUR COURT, SHIMLA

Ref no. 22 of 2012.

Instituted on 31.5.2012.

Decided on. 12.2.2015.

Pradeep Kumar S/o Shri Paras Ram R/o Pragti Kuteer, Shanan New Bhalai, P.O Sanjauli

Shimla (HP).

…Petitioner.

VS.

The Executive Engineer, H.P.S.E.B. Electrical Division, Shimla, District Shimla, H.P.

…Respondent.

Reference under section 10 of the Industrial Disputes Act, 1947.

For petitioner : Shri Rahul Kashyap, Advocate.

For respondent : Shri Ramakant Sharma, Advocate.

AWARD

The reference, for adjudication, is as under:

“Whether termination of the services of Shri Pradeep Kumar S/o Shri Paras Ram R/o

Pragati Kuteer Shanan, new Bhalai, P.O Sanjauli Shimla (HP) by the Executive

Engineer, HPSEB Electricla Division Shimla District Shimla w.e.f. 26.2.1994 without

following the provisions of the Industrial Disputes Act, 1947, is legal and justified? If

not, to what amount of back wages, seniority, past service benefits and compensation

the above workman is entitled to from the above employer?”

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2. In nutshell, the case of the petitioner is that he was initially engaged as daily waged

beldar, on 26.2.1988, by the respondent and worked as such till 25.5.1988. Again, he was

reengaged on 5.1.1990 and continued till 18.11.1991, when his services were dispensed with

without following the provisions of the Industrial disputes Act, 1947 (hereinafter referred as Act). It

is further averred that on 7.6.1994, he had been given assurance by the concerned XEN that he

would be reengaged as and when the work was to be available. However, the needful was not done.

With the hope that he (petitioner) would be reengaged, he had kept on visiting the office of the

respondent board but of no avail. Ultimately, he raised a demand notice on 29.6.2004 but the same

met with rejection on 28.12.2006. Thus, he made a representation to the Hon’ble Chief Minister

and in pursuance to the directions, made in this regard, by the Hon’ble Chief Minister, the

respondent board processed his case. Despite that, the respondent board dilly-dallied in the matter

of his reengagement. Ultimately, on 24.5.2010, he applied under RTI Act and got obtained the

required information which was supplied to him on 1.7.2010. In the information, so supplied, the

respondent board had admitted its mistake to disengage him. It is alleged that the petitioner had

completed 240 days in a calendar year. Thus, his termination was against the mandatory provisions

of the Act especifically sections 25-F, 25-G and 25-H. It is further maintained that he is not

gainfully employed. Against this back-drop a prayer has been made for his reengagement, with all

the consequential service benefits, including back wages.

3.

The claim of the petitioner has been contested on having raised various preliminary

objections including maintainability and that the petitioner is estopped from filing this petition due

to his own acts, conduct etc. On merits, it has been asserted that the petitioner, who had been

engaged, as daily waged beldar, on 25.1.1988, had continued to work as such with breaks till

25.5.1988, when he abandoned the job on his own sweet will. He had not completed 240 days in

any calendar year. Thereafter, he was reengaged w.e.f. 26.4.1990 and continued as such till

25.11.1991 when he again abandoned his job. Thereafter, he was reengaged on 10.2.1994 and

continued till 25.3.1994 when he again left his job. The demand notice which had been raised by

the petitioner was rightly rejected by the appropriate government. It is admitted that he had been

supplied information on 1.7.2010. Since, the petitioner had abandoned his job, on his own, there is

no question that his services had been terminated in violation of the provisions of sections 25-F,

25-G and 25-H of the Act. Other allegations denied.

4. By filing rejoinder, the petitioner has reaffirmed his own allegations by denying those

of the respondent.

5. Pleadings of the parties gave rise to the following issues which were struck on

16.3.2013.

1. Whether the termination of service of petitioner by the respondent with effect

from 26.2.1994 is in violation of the provisions of Industrial Disputes Act,

1947?

OPP…

2. If issue no. 1 is proved in affirmative, to what relief the petitioner is entitled to?

OPR…

3.

Whether this petition is not maintainable as alleged?

OPR…

4. Whether the petitioner has abandoned the job at his own?

OPR…

5. Relief.

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6. I have heard the learned counsel for the parties and have also gone through the record

of the case carefully.

7.

For the reasons to be recorded hereinafter while discussing issues for determination,

my findings on the aforesaid issues are as under.

Issue no. 1 Accordingly in yes.

Issue no. 2 Entitled to reinstatement with seniority and continuity but without back wages.

Issue no. 3 No.

Issue no. 4 No.

Relief.

Reference answered in favour of the petitioner and against the respondent, per

operative part of award.

Reasons for findings

Issue no.1 & 4.

8. Being interlinked, both these issues are taken up together for discussion and decision.

9. The contention of the petitioner is that his services w.e.f. 26.2.1994, had been

terminated without following the mandatory provisions of the Act. On the other hand, the defence

version is that, on his own, he had abandoned the job.

10. In his affidavit Ex. PW-1/A, the petitioner (PW-1) has supported all the facts as stated

in the petition on all material counts including that on 18.11.1991, his services had been dispensed

with without notice and paying compensation. He also stated that on 7.6.1994, the concerned XEN

had assured to reengage him subject to the availability of work but of no avail. On 29.6.2004, he

had raised a demand notice which was rejected by the appropriate government on 28.12.2006. He

had got obtained an information under the RTI Act, by moving an application, Ex. PW-1/B and that

the same is Ex. PA. He also stated that he is not gainfully employed anywhere. In the cross

examination, he denied that for a specific work, he had been engaged and that he did not complete

240 days in a calendar year. He also denied that, on his own, he had left the job

11. Shri Pratap Singh (RW-1), has stated that the petitioner, on his own, had left the job

on 25.5.1988. He also remained absent from 26.1.1988 to 25.2.1988. From 26.4.1990 to

25.11.1991, he was again reengaged. Ex. R-1 and Ex. R-2, are his mandays chart. In the cross-

examination, he admitted that during 1990 and 1991, the petitioner had completed 240 days. He

expressed his ignorance that the persons, named in mark B, who are junior to the petitioner, were

reengaged or not.

12. From Ex. R-1, mandays chart, it is abundantly clear that w.e.f. 26.4.1990 to 28.3.1991,

the petitioner had worked for 316 days. In his affidavit Ex. PW-1/A, the petitioner has also stated

that on 18.11.1991, his services had been dispensed with. Although, the reference, which has been

made to this Court pertains to the alleged termination of the services of the petitioner w.e.f.

26.2.1994, without following the provisions of the Act, but there is no such record produced by the

respondent that in fact, the petitioner had worked till 26.2.1994, when his services were allegedly

dispensed with. I may mention that even, from Ex. R-2, the mandays chart, it is abundantly clear

that the petitioner had worked till 25.4.1991. Since, in the preceding twelve calendar months he

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(petitioner) had completed more than 240 days as is evident from Ex. R-2, it was incumbent upon

the respondent to have complied with the provisions of section 25-F of the Act. For the failure of

the respondent to have complied with the provisions of the said Act, I have no hesitation to hold

that his termination w.e.f. 25.4.1991, is against the provisions of the Act. Although, the defence

version is to this effect that the petitioner had abandoned the job, on his own, but in the statement

of Shri Pradeep Kumar (RW-1), it has nowhere come that the petitioner, who had allegedly left the

job, had been sent any notice/communication to resume the work. It has been held by our own

Hon’ble High Court in latest HLJ 2007 (HP) 903 State of HP & Others Vs. Bhatag Ram &

Another. that:—

“Plea of abandonment of job- merely raising the plea of abandonment is nothing but has

to be established on the basis of facts. No facts led to substantiate the plea.”

13. For my above discussion and law laid down by the Hon’ble High Court (supra), I have

no hesitation in holding that the services of the petitioner had been terminated/disengaged, illegally

and in an unjustified manner and that too without complying with the provisions of the Act.

Accordingly, my answer to issue no.1 is in “yes” and issue no.4 is in “no”.

Issue no.2

14. The petitioner has claimed his reinstatement with all the consequential service benefits.

On the other hand, Ld. Counsel for the respondent has urged with vehemence that having regard to

the short period for which the petitioner had remained engaged, he should be awarded

compensation and not reinstatement. In support of his such contention, he has relied upon (2013) 5

SCC 136, Assistant Engineer, Rajasthan Development Corporation and another Vs. Gitam

Singh. However, I am of the view that the manner in which the services of the petitioner had stood

disengaged, he deserves to be reinstated. The services of the petitioner had been terminated on

25.4.1991 but he had raised the demand notice after about 13 years i.e on 29.6.2004. Keeping all

the facts, in mind, it would be in the interest of justice if he is ordered to be reinstated when he had

raised the demand notice i.e w.e.f. 29.6.2004. Accordingly, I order so. As far as grant of back

wages to the petitioner are concerned, I may mention that the Hon’ble Supreme Court in 2010 (1)

SLJ S.C 70, M/s Ritu Marbals Vs. Prabhakant Shukla has ruled that “full back wages cannot be

granted mechanically, upon a order of termination be declared illegal. It is further held that

reinstatement must not be accompanied by payment of full back wages even for the period when

the workman remained out of service and contributed little or nothing to the Industry”.

15. Consequently, for what has been stated and observed above, the petitioner is held

entitled to be reinstated in service with seniority and continuity but without back wages from the

date when he raised demand notice i.e w.e.f. 29.6.2004. Thus, my answer to this issue is in “Yes”.

Issue no. 3

16. When, the reference came to be made to this Court, the petitioner filed the statement of

claim. Thus, it cannot be said that this petition is not maintainable. Thus, by holding it to be

maintainable, my answer to this issue is in “no”.

Relief

As a sequel to my discussion/findings on the aforesaid issues, the claim of the petitioner is

partly allowed and as such the respondent is directed to reinstate him with seniority and

continuity but without back wages from the date when he raised demand notice i.e w.e.f.

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29.6.2004. Let a copy of this award be sent to the appropriate government for publication in official

gazette. File, after completion be consigned to records.

Announced in the open court today this day of 12th Feb., 2015.

(A.S JASWAL)

Presiding Judge,

Industrial Tribunal-cum-Labour Court, Shimla.

_____________

IN THE COURT OF A.S JASWAL, PRESIDING JUDGE, HP INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, SHIMLA.

Ref no. 96 of 2010.

Instituted on 7.8.2010

Decided on. 11.3.2015.

Hari Ram S/o Shri Jathu Ram R/o Vilage Mehri Kathala, P.O Nalti, Tehsil Ghumarwin,

District Bilsapur, H.P.

…Petitioner.

VS.

1. The Secy. HPSEB, Vidyut Bhawan, Shimla-4.

2. The Director, SJVNL (NJPC), BCS New, Shimla, HP.

…Respondents.

Reference under section 10 of the Industrial Disputes Act, 1947.

For petitioner:

Shri R.K Khidta,, Advocate.

For respondent No.1:

Shri Ramakant Sharma, Advocate.

For respondent No.2:

Shri S.D Sharma, Advocate.

AWARD

The reference, for adjudication, is as under:

“Whether termination of the services of Shri Hari Ram S/o Shri Jathu Ram by the

above employers w.e.f. 30.4.1991 (F.N) without complying the provisions of the

Industrial Disputes Act, 1947 and clause 14 of the Certified Standing Orders of the

HPSEB, is legal and justified? If not, to what relief of service benefits including

reinstatement, arrear of back wages and compensation the above named workman is

entitled to from the above employers?”

2. In nutshell, the case of the petitioner is that he was engaged as driver by the respondent

in the office of Assistant Engineer, Nathpa Jhakri (E) P&M, Sub Division Dhalli, Shimla-12 w.e.f.

1.5.1989 and worked as such till 30.4.1991, continuously. In fact, on 20.4.1991, said Assistant

Engineer had served him notice whereby his services stood terminated/retrenched w.e.f. 30.4.1991.

Immediately, after having been served with said notice, dated 20.4.1991, he filed OA no. 537/1991,

before the Hon’ble Administrative Tribunal (hereinafter referred as Tribunal), on 29.4.1991, and

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the same was allowed vide order dated 2.6.2000. Since, respondent no.1, had felt aggrieved by the

said judgment, a writ petition was filed before the Hon’ble High Court, registered as CWP No.

805/2000, in which the judgment of the Tribunal was set aside, as per judgment passed on

17.12.2004, mainly on the ground that the Tribunal had no jurisdiction to entertain the matter.

However, the Hon’ble High Court had given liberty to the petitioner to approach the appropriate

authority under the provisions of Industrial Disputes Act, 1947 (hereinafter referred as Act). It is

further averred that after the passing of judgment of the Hon’ble High Court, the petitioner filed

demand notice before the Labour-cum-Conciliation Officer, Shimla but the conciliation

proceedings failed and thus a reference was caused to be made to this Court. In the order/judgment

dated 2.6.2000, passed by the Tribunal, the termination of the petitioner had been set aside on the

ground that the mandatory provisions of the Act as well as clause 14 of the HPSEB Standing

Orders were violated. It is further averred that the petitioner had completed 240 days in each

calendar year to the satisfaction of the respondents. After his illegal termination, he had continued

to visit the office of the Assistant Engineer, number of times but of no avail. It is further averred

that the respondents have also engaged new persons without calling the petitioner. Since, the

services of the petitioner had been terminated in violation of the provisions of section 25-F, 25-G,

25-H and 25-N of the Act as well as Standing Orders of the HPSEB, he deserves to be reinstated

with all the consequential service benefits including full back wages and regularization.

3. The claim of the petitioner has been contested by respondent no.1 on having raised

various preliminary objections including maintainability, limitation and that it is bad for non-

joinder and mis-joinder of necessary parties because w.e.f. 1.8.1991, all assets, works, liabilities as

well as staff working for Nathpa Jhakri Project stood transferred and vested in NJPC (now known

as SJVN) which being an independent legal entity is a necessary party. On merits, it has been sated

that at the relevant time, NJPC known as SJVNL was part and parcel of HPSEB but now since

1.8.1991, it is an independent body and working as joint venture under State and Central

governments. The petitioner had been engaged as daily waged driver purely on temporary basis till

the appointment of regular driver, who joined his post on 30.4.1991. It is further pleaded that the

services of the petitioner had been terminated after serving due notice and offering payment in lieu

of notice for retrenchment, wages for such period as the notice fell short of one month, along-with

the retrenchment compensation, in terms of the provisions of the Act but he failed to accept the

same. It is further reiterated that in view of the posting of the new incumbent, the services of the

petitioner were no longer required. As far as the provisions of Standing Orders are concerned, those

are not applicable in the organization of the replying respondent. Annexure RA-6, is the copy of

order dated 31.7.1991, transferring all the assets and liabilities to the NJPC. Since, the

disengagement of the petitioner w.e.f. 30.4.1991, had been made by the competent authority, in

accordance with law, therefore, such action is perfectly legal and warrants no interference. Other

allegations either admitted or denied.

4. Respondent no.2, also contested the claim of the petitioner by raising preliminary

objection qua maintainability. On merits, it has been stated that well before 1.8.1991, when the

SJVN (respondent no.2) came into being, as an independent entity, the services of the petitioner

had already stood terminated by respondent no.1. It is further averred that HPSEB rules and

regulations continue to govern the service conditions of those employees who had been transferred

to SJVN Ltd. Since, the replying respondent had not in any way involved in the engagement or

retrenchment of the services of the petitioner, no relief can be claimed against it. Other allegations

denied.

5. By filing rejoinders, the petitioner has reaffirmed his own allegations by denying those

of the respondents.

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6. Pleadings of the parties gave rise to the following issues which were struck on

2.4.2011.

1. Whether the services of the workman Hari Ram have been terminated in an illegal

manner without complying the provisions of the Industrial Disputes Act and

standing orders of the respondent Board as alleged?

OPP…

2. If issue no. 1 is proved in affirmative, whether petitioner workman is entitled for

reinstatement, back wages and other statutory benefits as prayed?

OPP…

3. Whether this claim petition is not maintainable?

OPR…

4. Relief.

7. I have heard the learned counsel for the parties and have also gone through the record

of the case carefully.

8. For the reasons to be recorded hereinafter while discussing issues for determination,

my findings on the aforesaid issues are as under.

Issue no.1 Accordingly in yes.

Issue no.2 Entitled to reinstatement with seniority and continuity but without back

wages.

Issue no.3. Yes against respondent no.2.

Relief. Reference answered in favour of the petitioner and against the respondent

No.1, per operative part of award.

Reasons for findings

Issue no.1 & 2.

9. Being interlinked and interconnected, both these issues are taken up together for

discussion and decision.

10. It has been specifically stated by the petitioner that consequent upon notice, dated

20.4.1991, his services had stood terminated w.e.f. 30.4.1991 in violation of the provisions of the

Act. The plea of respondent no.1 is that on having complied with the provisions of the Act, the

services of the petitioner had been legally terminated. Since, a regular incumbent/driver had joined

his duties w.e.f. 1.5.1991, the petitioner is not entitled for any relief. The stand taken by respondent

no.2 is that on 1.8.1991, when it come into being, as an independent entity, neither the services of

the petitioner had been transferred to it nor it, in any manner, had played role as far as his

termination w.e.f. 30.4.1991 was concerned.

11. The petitioner (PW-1) in his affidavit has reaffirmed the allegations as made in the

petition on all material counts including that he had completed 240 days in each calendar year

before his services were terminated in violation of the provisions of the Act. He categorically stated

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that the notice which had been issued to him, was not proper. Without calling him back to join

service, the respondents have engaged new persons. In the cross-examination, he stated that w.e.f.

1.8.1991, NJPC (project) is known as SJVN. As far as HPSEB and NJPC are concerned, those are

separate entities. He denied that on 1.5.1991, he had been issued notice of termination of services

with wages of one month vide mark X and that he refused to receive the same. He denied that on

30.4.1991, Shri Harish Chander, joined as regular driver. He admitted that after bifurcation, there

was no liability of HPSEB. When cross-examined on behalf of respondent no.2, he admitted that

when he was appointed, Nathpa Jhakri Project was being executed by HPSEB. He further admitted

that he had been appointed by the Board and his services had been terminated by it (Board).

12. Shri Deepak Chauhan (PW-2), stated that he could not bring the summoned record

pertaining to Hari Ram (petitioner) because the same is not available with the Board for the reason

that it already stood transferred/sent to NJPC on 1.8.1991. In OA No. 537/1991, in which

Electricity Board was a party, its stand was that the petitioner was its worker. The petitioner had

worked continuously from 1.5.1989 to 30.4.1991. On being cross-examined on behalf of

respondent no.1, he admitted that HPSEB, after 1.8.1991, had no control of the workers who were

employees of NJPC. When, cross-examined on behalf of respondent no.2, he admitted that SJVN

came into existence on 1.8.1991 and that the petitioner had been engaged by the Board which

terminated his services. He further admitted that the employees/workers who had come on the rolls,

of SJVNL, from the Board, on secondment basis, their list had been prepared. In that list, the name

of the petitioner did not figure.

13. Shri Jagat Ram (RW-1) has stated that on 1.5.1989, the petitioner was engaged as

driver on daily wages basis and that he worked, till 30.4.1991, continuously. In order to retrench

the services of the petitioner, he had been issued notice dated 20.4.1991, which is mark A. The

petitioner had been paid retrenchment compensation. HPSEB and SJVNL are separate entities. In

the cross-examination, he admitted that NJPC (project) and its offices were being run by HPSEB

till 31.7.1991. The petitioner who had been engaged by HPSEB in Nathpa Jhakri Project, was

disengaged by HPSEB on 30.4.1991. Only that staff had been transferred from NJPC to SJVNL

which had been in service on 31.7.1991. On having ben cross-examined, on behalf of respondent

no.1, he stated that he has brought no such record on the basis of which it could be said that the

petitioner had completed 240 days. The services of the petitioner had been terminated on the basis

of the notice dated 20.4.1991, the copy of which is Ex. RX. The Board has its standing orders. He

admitted that on 20.4.1991, the provisions of the Act were applicable to Electricity Board. He

admitted that if a worker had to be terminated, he was required to be given one month’s notice. The

petitioner had not been issued one month’s notice. He also admitted that along-with notice dated

20.4.1991, no compensation had been paid/sent to the petitioner. He further admitted that the work

which the petitioner was performing is still available with the Board, NJPC and SJVNL.

14. Shri Surender Sharma (RW-2) who has appeared as a witness, on behalf of respondent

no.2, has stated that SJVNL started running the Project, which was being earlier run by NJPC,

w.e.f. 1.8.1991 vide notification, Ex. RW-1/C. The employees who had been working with NJPC

till 31.7.1991 were transferred to SJVNL. The services of the petitioner had never been transferred

to SJVNL for the reason that the same stood already retrenched by the HPSEB on 30.4.1991. In the

cross-examination, he admitted that even today, the work of driver is available in SJVNL.

15. From the evidence, which has been referred to above, it is abundantly clear that the

provisions of the Act were applicable to HPSEB on 20.4.1991, when a notice for the termination of

the petitioner was issued. It has been admitted by Shri Jagat Ram (RW-1) that one month’s notice

was required to be issued to the petitioner for terminating his services. It has been stated by the

petitioner that he had completed 240 days in each calendar year before his termination. PW-2, Shri

Deepak Chauhan has stated that the petitioner had continuously worked from 1.5.1989 to

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30.4.1991. Since, from the evidence, on record, it stands proved that before his termination, the

petitioner had completed 240 days, respondent no.1 (HPSEB) was required to have complied with

the provisions of section 25-F of the Act before terminating his services w.e.f. 30.4.1991. Since, the

mandatory provisions of the Act had not been complied by respondent no.1 before terminating the

services of the petitioner, I hold his termination w.e.f. 30.4.1991 to be illegal and unjustified.

16. Now, the question arises as to what service benefits the petitioner is entitled to. I may

mention that from the record, it is clearly borne out that the services of the petitioner had come to

be retrenched /terminated w.e.f. 30.4.1991. Although, a plea has been taken by respondent no.1,

that, when SJVNL came into being, as a separate entity, the services of the employees of

HPSEB/NJPC, stood transferred to it. Since, the services of the petitioner had already stood

terminated w.e.f. 30.4.1991, he was not transferred to SJVNL. It has been specifically stated by

PW-2 (Deepak Chauhan) that the employees/workers who had been transferred to SJVNL, their list

had been prepared and in that list the name of the petitioner did not figure. When, the services of

the petitioner had not been terminated by respondent no.2, it cannot be directed to reinstate him.

As, the services of the petitioner had been illegally terminated by respondent no.1 (HPSEB) w.e.f.

30.4.1991, it is duty bound to reinstate him w.e.f. 1.5.1991. As far as grant of back wages to the

petitioner are concerned, I may mention that the Hon’ble Supreme Court in 2010 (1) SLJ S.C 70,

M/s Ritu Marbals Vs. Prabhakant Shukla has ruled that “full back wages cannot be granted

mechanically, upon a order of termination be declared illegal. It is further held that

reinstatement must not be accompanied by payment of full back wages even for the period when

the workman remained out of service and contributed little or nothing to the Industry”.

17. The petitioner has also claimed regularization in service. His such claim cannot be

looked into by this Court because as far as his regularization is concerned, it is to be ordered by the

department concerned as per the Policy of the State Government regarding regularization of daily

wagers.

18. Consequently, for what has been stated and observed above, the petitioner is held

entitled to be reinstated in service with seniority and continuity but without back wages w.e.f.

1.5.1991. Thus, both these issues are answered accordingly.

Issue no. 3

19. An objection has been taken by the respondents that this petition is not legally

maintainable. I may mention that as far as the maintainability of this petition against respondent

no.2, is concerned, it cannot be said to be legally maintainable against it because at the relevant

time neither the petitioner had been engaged by it, on 1.5.1989, nor his services were terminated by

it w.e.f. 30.4.1991 consequent upon the notice dated 20.4.1991. Thus, I hold that although this

petition is legally maintainable against respondent no.1, it is not maintainable against respondent

no.2. Thus, this issue is answered accordingly.

Relief

As a sequel to my discussion/findings on the aforesaid issues, the claim of the petitioner is

partly allowed and as such respondent no.1 (HPSEB) is directed to reinstate him with seniority

and continuity but without back wages w.e.f. 1.5.1991. Let a copy of this award be sent to the

appropriate government for publication in official gazette. File, after completion be consigned to

records.

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Announced in the open court today this day of 11th March, 2015.

(A.S JASWAL),

Presiding Judge,

Industrial Tribunal-cum-Labour Court, Shimla.

_________

IN THE COURT OF A.S JASWAL, PRESIDING JUDGE, HP INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, SHIMLA.

Ref no. 20 of 2012.

Instituted on 31.5.2012

Decided on. 11.3.2015.

Hari Singh S/o Sh. Kumbia Ram R/O Village Thundara, P.O. Malot, Tehsil Chopal, Distt.

Shimla, H.P.

… Petitioner.

VS.

The Executive Engineer, H.P.S.E.B. Electrical Division, Chopal, District Shimla, H.P.

..Respondent.

Reference under section 10 of the Industrial Disputes Act, 1947.

For petitioner :

Shri Sanjeev Sharma, Advocate.

For respondent :

Shri Ramakant Sharma, Advocate.

AWARD

The reference, for adjudication, is as under:

“Whether termination of the services of Shri Hari Singh S/O Sh. Kumbia Ram R/O

Village Thundara, P.O. Malot, Tehsil Chopal, Distt. Shimla HP by the Executive

Engineer, H.P.S.E.B. Electrical Division, Chopal, Distt. Shimla. w.e.f. 25.1.1990

without following the provisions of the Industrial Disputes Act, 1947, is legal and

justified ? If not, to what amount of back wages, seniority, past service benefits and

compensation the above workman is entitled to from the above employer?”

2. In nutshell, the case of the petitioner is that he was employed as daily waged beldar on

26.12.1985 in the Himachal Pradesh State Electricity Board, Electric Division, Nerwa under the

Electric Division Theog. In the year, 1990, a new division was created namely HPSEB, Chopal and

after the creation of new division, his services were transferred to HPSEb Sub Division Nerwa

(now Kupvi) under the HPSEB Electric Division, Chopal. To the satisfaction of his superiors, he

had been performing his duties honestly and sincerely. It is further averred that he had been

working continuously and uninterruptedly except some fictional breaks. However, on 25.1.1990, he

was orally told by the concerned Assistant Engineer that his services were no longer required and

as such he was not to come for duties w.e.f. 26.1.1990. In this way, his services were terminated

without complying with the provisions of the Industrial Disputes Act, 1947 (hereinafter referred as

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Act) as well as Standing Orders framed and notified by the respondent board. Even, the principles

of First come Last go was not followed. It is further averred that at the time of his disengagement, it

was told that he would be called back/reengaged as and when work was to be available. Thereafter,

he continued to visit the office of SDO concerned with the request to reengage him but of no avail.

In the year, 1996, he came to know that many fresh persons namely S/Shri Ram Lal, Lachhi Ram,

Dharam Singh and Ratti Ram had been engaged by the competent authority in Sub Division

HPSEB Kupvi. Since, he had not been called for reemployment, he visited the office of the

respondent with the request to reengage him but the needful was not done. In these circumstances,

he was compelled to approach the Hon’ble High Court by filing Civil Writ Petition which was

registered as CWP no. 962/1996 titled as Hari Singh Vs. HPSEB, which was disposed of vide

judgment dated 1.8.1996 whereby he (petitioner) was afforded opportunity to file representation

within three weeks to his employer who (employer) was to dispose of the same within four weeks.

In compliance to the directions issued by the Hon’ble High Court, he submitted a detailed

representation to the respondent board in which he submitted his termination to be in utter violation

of the provisions of section 25-F, 25-G and 25-H of the Act as well as Standing Orders, framed and

notified by the respondent. However, without looking the factual position as well as legal

submission, made by the petitioner, his representation was rejected. Thereafter, he served a demand

notice on the competent authority and during conciliation proceedings, Executive Engineer,

HPSEB Chopal, filed detailed reply wherein it was averred that the services of the petitioner were

never terminated but he had left the same on his own. In that reply, the employer had admitted that

after his termination, many fresh persons had been engaged without calling the petitioner to join

duties. Since, the conciliation proceedings had failed, a report, in this regard, was made to the

Labour Commissioner Himachal Pradesh under section 12 of the Act. It is averred that the Labour

Commissioner, without having appreciated the facts, declined the making of reference, mainly on

the ground of delay, vide letter dated 1.2.2002. On having felt aggrieved, with the action of the

Labour Commissioner, he (petitioner) approached the Hon’ble High Court by filing Civil Writ

Petition, CWP no. 508 of 2002, which was allowed vide judgment dated 21.5.2007. Against the

judgment passed by the Hon’ble Single Judge, dated 21.5.2007, an LPA bearing no. 157 of 2007,

was filed which was dismissed vide judgment dated 29.3.2012. In this way, a reference was caused

to be made to this Court by the appropriate government. It is averred that since, his services had

been terminated in violation of the mandatory provisions of the Act, especially, 25-F, 25-G and

25-H, he deserves to be reengaged/reinstated with all the consequential service benefits including

back wages.

3. The claim of the petitioner has been contested on having raised various preliminary

objections including maintainability, barred by time and also that the claim raised by the petitioner

suffers from latches. On merits, it has been asserted that the petitioner who had been initially

engaged as daily waged beldar, on muster roll w.e.f. 26.3.1986 had worked as such up to 25.1.1990

under Electric Sub Division, Kupvi under the administrative control of Electric Division, HPSEB

Theog with certain interruptions/breaks. Further, he had never completed 240 days in any calendar

year. It is further averred that the services of the petitioner had never been terminated by the

replying respondent. In fact, on his own, he had left the job by not turning after 25.1.1990. Since,

he had not completed 240 days of continuous service, he had not acquired the status of temporary

workman, under the provisions of the Act, to entitle him for the service of notice as well as

payment of retrenchment compensation. Although, no fresh hands were engaged but three persons

namely S/Shri Ram Lal, Lachhi Ram and Dharam Singh had to be reengaged in pursuance of the

orders/directions passed by the Labour Court. It is further averred that from 1990 till 1996, the

petitioner never raised any dispute. Other allegations either admitted or denied.

4. Pleadings of the parties gave rise to the following issues which were struck on

5.9.2013.

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1. Whether the termination of service of petitioner with effect from 25.1.1990

without following the provisions of Industrial Disputes Act, 1947 is illegal and

unjustified as alleged?

OPP…

2. If issue no. 1 is proved in affirmative, to what benefits the petitioner is entitled

to?

OPR…

3. Relief.

5.

I have heard the learned counsel for the parties and have also gone through the record

of the case carefully.

6.

For the reasons to be recorded hereinafter while discussing issues for determination, my

findings on the aforesaid issues are as under.

Issue no.1

Accordingly in yes.

Issue no.2

Entitled to reinstatement w.e.f. 1.1.1996 but without back

wages.

Relief.

Reference answered in favour of the petitioner and against the

respondent, per operative part of award.

Reasons for findings

Issue no. 1.

7.

It has been very specifically stated by the petitioner that his services had been

terminated/disengaged w.e.f. 25.1.1990, by the respondent, without having complied with the

mandatory provisions of the Act. On the other hand, the stand taken by the respondent is to this

effect that since the petitioner, on his own, had left the job on 25.1.1990, and that he had not

remained in continuous service for 240 days in any of the calendar years, there was no necessity to

have complied with the requirements of section 25-F of the Act. The stand of the respondent

regarding fresh engagements is that three persons, as named above, had to be reengaged on the

orders of this Court.

8.

In his affidavit Ex. PW-1/A, the petitioner (PW-1) has supported the facts as stated in

the petition on all material counts including that on 25.1.1990, his services had been orally

terminated by the concerned SDO. He also stated that in the year, 1996, when he came to know that

fresh persons had been employed by the competent authority, without having given him preference,

he again visited the office of his employer with the request to reengage him but of no avail. The

persons, who had been engaged after his disengagement are S/Shri Ram Lal, Lachi Ram, Dharam

Singh and Ratti Ram. Since, his services had been terminated in violation of the provisions of the

Act, he deserves to be reengaged with all the consequential benefits. Ex. Pw-1/B, is the reply to his

demand notice. Copy of his mandays chart is Ex. PW-1/C. Ex. PW-1/F, is the copy of CWP No.

508 of 2002. Ex. Pw-1/G, is the copy of LPA no. 157 of 2007. In every calendar year, he had

completed 240 days. In the cross-examination, he denied that he used to remain absent from duties

and that his services were never terminated. After 25.1.1990, he was not called for job.

9. Shri Sita Ram (PW-2) has stated from the summoned record that Ex. PW-2/A, is the

copy of the mandays chart of the petitioner as per which, he (petitioner) had been engaged on

26.12.1985, on muster roll. When, his services were terminated, neither any notice was issued nor

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he was paid compensation. From 26.1.1987 till 25.12.1987, the petitioner had worked for 309 days,

which has also been shown in Ex. PW-1/C. Juniors, to the petitioner, namely Lachhi Ram, Dharam

Singh and Ratti Ram have been regularized. The status of Shri Ram Lal who is also junior to the

petitioner is that of work charge. The department had terminated the services of the petitioner

orally. Ex. PW-1/G, is the copy of the judgment of LPA, which has been filed by the department.

Ex. PW-2/A has been prepared on the basis of muster roll register. Ex. PW-2/B is the mandays

chart upto 1990. In the cross-examination, he stated that as per the summoned record, Hari Singh

(petitioner) had been engaged on 26.12.1985 as beldar on muster roll. Ex. PW-1/B and Ex. PW 1/E,

have not been prepared by him. He denied that no junior to the petitioner has been in service of the

respondent.

10. Shri Vijay Kumar (RW-1) has stated that the petitioner, who had been engaged as daily

waged beldar on 26.3.1986, had worked till 25.1.1990. In no calendar year, he had completed 240

days. The department had not terminated the services of the petitioner who, on his own, had left the

job on 25.1.1990 and thereafter, did not turn up. Since, the petitioner had himself, left the job, there

was no necessity to issue him notice and to pay compensation. The department has not engaged any

person junior to the petitioner. Who-so-ever have been engaged, those were engaged on the orders

of the Court. In the cross-examination, he admitted that after 25.1.1990, the department had

engaged other persons on daily wages. Self-stated that, they had been engaged on the orders of the

Court. He admitted that on 25.1.1990, the services of the petitioner had been terminated, orally. He

further admitted that at present there is work available with the department in Electric Sub Division

Kupvi.

11. From the evidence, which has been referred to above, it is abundantly clear that the

petitioner has failed to prove that he had worked for 240 days in a calendar year preceding his

alleged termination. It has been specifically stated by Shri Vijay Kumar (RW-1), that in no calendar

year, the petitioner had completed 240 days. In my considered view, the petitioner has failed to

prove that he has completed 240 days in a calendar year preceding his termination. To claim benefit

under section 25-F of the Act, it was upon the petitioner to have established that prior to his

termination, he had completed 240 days. It has been held in 2009 (120) FLR 1007 an Civil Appeal

no. 4468 of 2005 of Hon’ble Supreme Court incase titled as Relip Nagarpalika Vs. Babuji

Gabhaji Thakore and others that:

“The burden of proof lies on the workman to show that he had worked continuously for

240 days for the preceding one year and it is for the workman to adduce evidence apart

from examining himself to prove the factum of being in employment of the employer.”

Since, the petitioner has failed to prove that he had worked continuously for 240 days in the

preceding one year from the date of his termination, his alleged termination cannot be said to be in

contravention of the provisions of section 25-F of the Act. The evidence further goes to show that

after 25.1.1990, when the services of the petitioner were terminated, the department has engaged

new persons as named above. If new persons were required to be engaged, the department

concerned was required to call the petitioner to join duties in compliance with the mandatory

provisions of the Act. On the record, there is no such document, which may go to show that when

persons junior to the petitioner were engaged, any notice had been issued to him to join his job.

Since, the petitioner has proved, on record, that persons junior to him, as named above, have been

engaged by the respondent after his termination, his termination w.e.f. 25.1.1990, deserves to be

held as illegal and in violation of the provisions of the Act. It has been held by our own Hon’ble

High Court, incase titled as State of HP & Others V/s Bhatag Ram & Anr. as reported in latest

HLJ 2007 (HP) 903. that :-

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“Continuing of 240 days is not necessary in 12 calendar months. It is not necessary to

workman to complete 240 days during 12 months for taking the benefits of section 25-G

& 25-H of the Act.”

12. The defence version is to this effect that the petitioner, on his own, had left the job but

in support thereof, there is no evidence at all. I may mention that if the petitioner had left the job,

on his own, it was incumbent upon the respondent to have issued him notice to join his duties. No

such document has been brought, on record, which may go to show that any such notice had been

issued to the petitioner.

13. For my above discussion and law laid down by the Hon’ble High Court (supra), I have

no hesitation in holding that the services of the petitioner had been terminated/disengaged, illegally

and in an unjustified manner and that too without complying with the provisions of the Act

especially sections 25-G and 25-H. Accordingly, my answer to this issue is in “Yes”.

Issue no. 2

14. The petitioner has claimed his reinstatement with all the consequential service benefits

including back wages. The evidence, on record, goes to show that the services of the petitioner

were terminated, orally, on 25.1.1990 but he pursued his case seriously in the year, 1996 when he

came to know that fresh persons had been given employment by the competent authority. Although,

it is his version that he had kept on going/visiting the concerned office for his reengagement but

there is no cogent evidence, in this regard, on the record,. In case, he had been visiting the

concerned office, he was required to have moved some application for his reengagement. In the

absence of such, I am of the view that only in the year, 1996, the petitioner had taken recourse for

his reengagement. I may mention that only in the year, 1996, he had filed CWP no. 962 of 1996

titled as Hari Singh Vs. HPSEB in the Hon’ble High Court, in which, it had been ordered that he

was to file representation before respondent no.1 which was to be decided within four weeks.

Since, the petitioner has failed to prove that w.e.f. 25.1.1990, till 1996, he had taken steps for his

reengagement, I am of the opinion that he should be ordered to be reengagement from the year,

1996 i.e. w.e.f. 1.1.1996. Accordingly, I order so. As far as grant of back wages to the petitioner are

concerned, I may mention that the Hon’ble Supreme Court in 2010 (1) SLJ S.C 70, M/s Ritu

Marbals Vs. Prabhakant Shukla has ruled that “full back wages cannot be granted mechanically,

upon a order of termination be declared illegal. It is further held that reinstatement must not be

accompanied by payment of full back wages even for the period when the workman remained out

of service and contributed little or nothing to the Industry”.

15. Consequently, for what has been stated and observed above, the petitioner is held

entitled to be reinstated in service with seniority and continuity but without back wages w.e.f.

1.1.1996. Thus, my answer to this issue is in “Yes”.

Relief

As a sequel to my discussion/findings on the aforesaid issues, the claim of the petitioner is

partly allowed and as such the respondents are directed to reinstate him with seniority and

continuity but without back wages w.e.f. 1.1.1996. Let a copy of this award be sent to the

appropriate government for publication in official gazette. File, after completion be consigned to

records.

Announced in the open court today this day of 11th March, 2015.

(A.S JASWAL),

Presiding Judge,

Industrial Tribunal-cum-Labour Court, Shimla.

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Ref.13/2014

RAKESH KUMAR V/S DAGSHAI PUBLIC SCHOOL, SOLAN

18/3/2015

Present:- Sh. Niranjan Verma Adv. for the petitioner.

Sh. V.K.Gupta AR for the respondent.

It has been stated by Shri Niranjan Verma, Advocate for the petitioner that already a

compromise has been effected between the parties. He further stated that consequent upon the

compromise, so effected between the parties, the petitioner does not want to proceed with his claim,

arising out of the reference which has been made to this court by the appropriate government.

Since I am satisfied that a lawful compromise has already been effected between parties, I

proceed to record the statement of Sh. Niranjan Verma , Advocate for the petitioner.

Shri V.K.Gupta , AR for the respondent has also admitted the compromise to be correct and

acceptable in terms of the statement made by Shri Niranjan verma, Advocate for the petitioner.

The reference, which has been made to his Court, is as under:-

“Whether termination of the services of Shri Rakesh Kumar S/o Shri Hari Nand R/o

Village Anhech, P.O dagshai, Tehsil & District Solan, HP w.e.f. 18.8.2012 who was

employed as Mali-cum-Chowkidar by the Employer/Director, Dagshai Public School

Cantt, District Solan, HP without complying with the provisions of the industrial

Disputes Act, 1947, is legal and justified ?If not , what amount of back wages, seniority,

past service benefits and compensation the above worker is entitled to from the above

employer?”

Since, in terms of statement of Shri Niranjan verma, Advocate for the petitioner, a

compromise/ Settlement has already been effected between the parties, which has also been

admitted to be correct and acceptable by Shri V.K.Gupta , AR for the respondent, this reference

which has been made to this Court stands disposed of to have been compromise. The statement of

Shri Niranjan Verma, Advocate for the petitioner shall form part and parcel of this order/ awards.

Let a copy of this order/award be sent to the appropriate government for publication in the official

gazette. File, after completion, be consigned to records.

Announced

10.03.2015

Presiding Judge,

Labour court, Shimla.

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Ref. 14/2014

SMT MANJU BALA V/S DAGSHAI PUBLIC SCHOOL, SOLAN

18/3/2015

Present:- Sh. Niranjan Verma Adv. for the petitioner.

Sh. V.K.Gupta AR for the respondent.

It has been stated by Shri Niranjan Verma, Advocate for the petitioner that already a

compromise has been effected between the parties. He further stated that consequent upon the

compromise, so effected between the parties, the petitioner does not want to proceed with his claim,

arising out of the reference which has been made to this court by the appropriate government,

Since I am satisfied that a lawful compromise has already been effected between parties, I

proceed to record the statement of Sh. Niranjan Verma , Advocate for the petitioner.

Shri V.K. Gupta , AR for the respondent has also admitted the compromise to be correct and

acceptable in terms of the statement made by Shri Niranjan verma, Advocate for the petitioner.

The reference, which has been made to his Court, is as under:-

“Whether termination of the services of Shri Smt Manju Bala W/o Sh Rakesh Kumar

R/o Village Anhech, P.O Dagshai, Tehsil & District Solan, HP w.e.f. 18.8.2012 who was

employed as Peon by the Employer/Director, Dagshai Public School Cantt, District

Solan, HP without complying with the provisions of the industrial Disputes Act, 1947, is

legal and justified ? If not , what amount of back wages, seniority , past service benefits

and compensation the above worker is entitled to from the above employer?”

Since, in terms of statement of Shri Niranjan verma, Advocate for the petitioner , a

compromise/ Settlement has already been effected between the parties, which has also been

admitted to be correct and acceptable by Shri V.K.Gupta , AR for the respondent, this reference

which has been made to this Court stands disposed of to have been compromise. The statement of

Shri Niranjan Verma, Advocate for the petitioner shall form part and parcel of this order/ awards.

Let a copy of this order/award be sent to the appropriate government for publication in the official

gazette. File , after completion, be consigned to records.

Announced

10.03.2015

Presiding Judge,

Labour court, Shimla.

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LABOUR AND EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla, the 10th March, 2016

No. Sharm (A) 6-3/2014 (Awards).—In exercise of the powers vested under section 17(1)

of the Industrial Disputes Act,1947, the Governor Himachal Pradesh is pleased to order the

publication of awards of the following cases announced by the Presiding Officer, Labour Court

Shimla on the website of the Department of Labour & Employment Government of Himachal

Pradesh:—

By order,

Sd/-

Pr. Secretary ( Lab. & Emp.) .

Sr. No.

Case No.

Title of the Case

Date of Award

1.

34/2013

Sh. Shyam Singh V/s M/s Allied Nippon Ltd.

29-02-2016

2.

35/2014

Sh. Baldev V/S Registrar Maharishi Markenday

University.

17-02-2016

3.

61/2012

Sh. Dev Raj V/s Neck Pharmaceuticals Kasuli.

27-02-2016

4.

07/2014

Sh. Mukesh Kumar V/S M/s Link Utsav Ventures.

29-02-2016

5.

27/2015

Sh. Lalit Kumar V/S Devyani Food Industries.

25-02-2016

6.

11/2014

Sh. Mohit Gautam V/S Link Utsav Ventures.

26-02-2016

7.

21/2014

Sh. Bhagwan Dass V/S Dr. Y.S. Parmar.

29-02-2016

By order,

Sd/-

Pr. Secretary (Lab. & Emp.).

___________

29.2.2016

Present: None for petitioner.

Shri Rupesh Sharma, Advocate for respondent.

Today, this case has been listed for the service of the petitioner. As per report,the notice

issued for the service of the petitioner has been received back duly served but he has failed to

appear before this Court. The record reveals that on 4.7.2014 the petitioner appeared before this

Court in person and thereafter on 4.8.2014, 6.9.2014, 17.11.2014, 8.12.2014 and 17.1.2015, Shri

Amit Tanwar, Advocate put in appearance on behalf of the petitioner but he has failed to file any

claim petition. Thereafter, on subsequent dates none appeared on behalf of the petitioner and

various notices have been issued to him and he has failed to put in appearance before this Court

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despite having been duly served for today which shows that the petitioner is not interested to pursue

his case. Hence, this Court is left with no other alternative but to decide the reference on the basis

of material whichever is available on file and to further adjourn the case would be futile exercise.

In the light of aforesaid facts, it appears that at present the petitioner is not interested to

pursue his claim. The following reference qua the miscellaneous demandsraised by the petitioner

union was received from appropriate government for adjudication:

“Whether miscellaneous demands raised vide demand notice dated 9.12.2011 (copy

enclosed) by Shri Shyam Singh and 42 others co-workers of M/s Allied Nippon Ltd.,

C/o Shri Om Dutt Sharma President CITU R/o Sheel Cottage, VPO Taksal, Parwanoo

District solan, HP to be fulfilled by the Occupier/Factory Manager of the Allied

Nippon Ltd., Plot no. 77, Sector-1, Parwanoo District Solan, HP (present address) and

no. 1006, Akash Deep Building Barakhamba Road Connaught Place, New Dehli

110001) corporate office) are legal and justified and maintainable? If yes what relief

and benefits the above workers are entitled to from the above management/occupier?”

In the absence of any claim petition and evidence on behalf of petitioner, it cannot be held

miscellaneous demands raised vide demand notice dated 9.12.2011 by the petitioner union are legal

and justified. Hence, the reference is answered against the petitioner and the award is passed

accordingly. However, liberty is granted to the petitioner to agitate the miscellaneous demands

raised vide demand notice dated 9.12.2011 by filing an application before this Court in order to

revive the reference. Let a copy of this award be sent to the appropriate government for publication

in official gazette. File, after completion be consigned to records.

Announced:

29.2.2016.

(Sushil Kukreja),

Presiding Judge,

Labour Court, Shimla.

____________

17.2.2016

Present:

Shri NiranjanVerma, Advocate for petitioner.

Shri Mohit Gupta, AR for respondent.

Today, also no claim petition has been filed on behalf of the petitioner. It may be pertinent

to mention here that this case is being listed for filing of claim since 22.8.2014 and various

opportunities have been afforded to the petitioner to file claim but the same has not been filed.

Since, the petitioner has failed to file any claim despite opportunities, hence, this Court is left with

no other alternative but to decide the reference on the basis of material whatsoever available on the

file. The following reference has been received from the appropriate government for adjudication:

“Whether transfer of Shri Baldev Singh S/o Shri Mohan Lal R/o Village DharBanar,

P.O Bhojnagar, Tehsil & District Solan, HP w.e.f. 18.1.2012 from Maharishi

Markandeshwar University Kumarhatti to Maharishi Markandeshwar University,

Mulana (Ambala) by the Registrar Maharishi Markandeshwar University, Sultanpur

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Road, Kumarhatti District Solan, HP during the pendency of proceedings regarding

miscellaneous demands notice dated 12.12.2011 without taking expressed permission

in writing of the authority before which the proceedings were pending i.eLabour

Officer-cum-Conciliation Officer, Solan in violation of the provisions of section 33 of

the Industrial Disputes Act, 1947 as well as transferring against the principle of

natural justice are legal and justified? If not, what amount of back-wages, seniority,

past service benefits and from which date the above worker is entitled to from the

above employer?”

As per reference received from the appropriate government, the petitioner has alleged his

transfer from Maharishi Markandeshwar University Kumarhatti to Maharishi Markandeshwar

University, Mulana (Ambala) by the Registrar Maharishi Markandeshwar University, Sultanpur

Road, Kumarhatti District Solan, HP during the pendency of proceedings regarding miscellaneous

demands notice dated 12.12.2011 without taking expressed permission in writing of the authority

before which the proceedings were pending i.eLabour Officer-cum- Conciliation Officer, Solan in

violation of the provisions of section 33 of the Industrial Disputes Act, 1947 as well as transferring

against the principle of natural justice to be illegal and unjustified but the petitioner has failed to

file any claim in support thereof. Moreover, the petitioner has also failed to lead any evidence

before this Court in order to show that he was illegally transferred from Maharishi Markandeshwar

University Kumarhatti to Maharishi Markandeshwar University, Mulana (Ambala) by the Registrar

Maharishi Markandeshwar University, Sultanpur Road, Kumarhatti District Solan, HP during the

pendency of proceedings regarding miscellaneous demands notice dated 12.12.2011 without taking

expressed permission in writing of the authority before which the proceedings were pending

i.eLabour Officer-cum- Conciliation Officer, Solan in violation of the provisions of section 33 of

the Industrial Disputes Act, 1947 as well as transferring against the principle of natural justice.

Hence, in the absence of any claim petition/ evidence on record, the reference is answered against

the petitioner. Let a copy of this order/award be sent to the appropriate government for publication

in the official gazette. File, after completion, be consigned to records.

Announced:

17.2.2016.

(Sushil Kukreja),

Presiding Judge

Labour Court, Shimla.

______________

27.2.2016.

Present:

Shri NiranjanVerma, Advocate for petitioner.

Shri Naresh Sharma, Advocate with Shri Gurpreet Singh, partner of respondent

company for respondent.

It has been stated by Shri Gurpreet Singh, Partner of respondent company that he is ready

and willing to pay a sum of Rs. 5,000/- each to all the nine petitioners as a full & final settlement of

the claim vide reference petition no. 61 of 2012. The said amount will be paid within 45 days from

today and if the amount is not paid within the aforesaid period then the same shall carry interest @

9% per annum from the date of the order and the reference petition be decided accordingly.

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The learned counsel for the petitioner stated that he is authorized by the petitioners to enter

into a compromise on their behalf with the respondent. He further stated that the statement of Shri

Gurpreet Singh is acceptable to all the petitioners and as such the reference be decided accordingly.

The statements of S/Shri NiranjanVerma, Advocate and Gurpreet Singh, Partner of respondent’s

company recorded separately.

In view of the statements of Shri NiranjanVerma, Advocate and Shri Gurpreet Singh,

Partner of respondent company, the matter has been amicably settled between the parties before

this Court. The respondent is directed to pay a sum of Rs. 5,000/- each to all the nine petitioners

within 45 days from today otherwise the same shall carry interest @ 9% per annum from the date

of passing of this order till the realization of the aforesaid amount. The reference is ordered to be

answered accordingly. The statements of Shri NiranjanVerma, Advocate and Shri Gurpreet Singh,

Partner of respondent company shall form part of this order/award. Let a copy of this order/award

be sent to the appropriate government for publication in the official gazette. File, after completion,

be consigned to records.

Announced:

27.2.2016.

(Sushil Kukreja),

Presiding Judge,

Labour Court, Shimla.

____________

29.2.2016.

Present:

None .

Case called several times but none appeared on behalf of the parties. It is 10:45

AM. Be called again.

(Sushil Kukreja),

Presiding Judge,

Labour Court, Shimla.

Case called again.

Present: None .

It is 12:55 PM. None appeared for the parties. Be called after lunch.

(Sushil Kukreja),

Presiding Judge,

Labour Court, Shimla.

Case called after lunch.

Present: None .

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It is 3:15 PM. Case called repeatedly in pre and post lunch sessions but none appeared for

the parties. Today, the case has been listed for the service of the petitioner as well as respondents.

The record reveals that the notices issued for the services of the petitioner and respondents have

been received back duly served as per the postal AD. The petitioner has also failed to appear

before this Court despite having been served. Therefore, it is presumed that he is not interested to

pursue his case and to file claim petition. The record further reveals that on 2.9.2014& 24.9.2014,

the petitioner had put in his appearance before this Court and thereafter the case was listed for

filing of claim but no claim has been filed by him.Thereafter, the petitioner did not appear before

this Court and various notices have been issued to him but he has failed to put his appearance

despite having been duly served for today, hence, this Court is left with no other alternative but to

decide the reference on the basis of material whichever is available on file and to further adjourn

the case would be futile exercise.

In the light of aforesaid facts, it appears that at present the petitioner is not interested to

pursue his claim. The following reference qua the termination of services of petitioner was received

from appropriate government for adjudication:

“Whether termination of the services of Shri Mukesh Kumar R/o Village Kharsi,

Tehsil Kasauli, P.O Badhalag, District Solan, HP during July, 2012 by the employer

M/s Link Utsav Private Ltd., Sabzi Mandi Solan, District Solan, HP (present office),

M/s Link Utsav Ventures Private Ltd.,, D-34, Basement Jungpura Extension, New

Dehli-110014 (Regd. Office) without complying with the provisions of the Industrial

Disputes Act, 1947 is legal and justified? If not, what amount of back-wages, seniority,

past service benefits and compensation the above worker is entitled to from the above

employer?”

In the absence of any claim petition and evidence on behalf of petitioner, it cannot be held

that his services were wrongly and illegally terminated by the respondent. Hence, the reference is

answered against the petitioner and the award is passed accordingly. However, liberty is granted to

the petitioner to agitate his termination of services by filing an application before this Court in

order to revive the reference. Let a copy of this award be sent to the appropriate government for

publication in official gazette. File, after completion be consigned to records.

Announced:

29.2.2016.

(Sushil Kukreja),

Presiding Judge,

Labour Court, Shimla.

____________

25.2.2016

Present: None for petitioner.

Shri Rupesh Sharma, Advocate for respondent.

This case is being listed for the service of the petitioner from 8.7.2015 and thereafter as

many as six times the notices were issued/sent for the service of the petitioner on the address given

by the Labour Commissioner on reference itself. Today, also the case was listed for the service of

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petitioner. The report received on notice issued as per order dated 10.11.2015, is revealing that the

service of petitioner could not be effected for want of correct address. I have perused the record.

The notice to the petitioner was sent on the address given by the Labour Commissioner on the

reference itself. In the absence of correct address of the petitioner, it is not possible to effect his

service. So, to further adjourn the case would be futile exercise. At the same time it is relevant to

mention that the Labour Commissioner has informed the petitioner about the present reference by

sending a copy of this reference to him. So, petitioner was having knowledge that the reference was

sent to this Court by the Labour Commissioner. Thus, he could have himself appeared before this

Court in order to file his claim.

In the light of aforesaid facts, it appears that at present the petitioner is not interested to

pursue his claim. The following reference qua the termination of services of petitioner was received

from appropriate government for adjudication:

“Whether termination of the services of Shri Lalit Kumar S/o Shri Jagpal Singh, VPO

Majhathipur, Tehsil & District Meruth (U.P) w.e.f. 25.1.2014 by the General Manager,

M/s Devyani Food Industries, Village Thana EPIP Phase-II, BAddi, District Solan, HP

without complying with the provisions of the Industrial Disputes Act, 1947 as alleged

by the workman is legal and justified? If not, to what relief and compensation the

above aggrieved workman is entitled to from the above management?”

In the absence of any claim petition and evidence on behalf of petitioner, it cannot be held

that his services were wrongly and illegally terminated by the respondent. Hence, the reference is

answered against the petitioner and the award is passed accordingly. However, liberty is granted to

the petitioner to agitate his termination of services by filing an application before this Court in

order to revive the reference. Let a copy of this award be sent to the appropriate government for

publication in official gazette. File, after completion be consigned to records.

Announced:

25.2.2016.

(Sushil Kukreja),

Presiding Judge,

Labour Court, Shimla.

____________

26.2.2016

Present: None.

Today the case is listed for the service of the parties. The record reveals that notice issued

for the service of respondent has been received back duly served but none appeared on behalf of the

respondent, hence, the respondent is proceeded against ex-parte. The record also reveals that on

24.9.2014 and 5.10.2015, the petitioner appeared before this Court in person and thereafter on

subsequent dates the petitioner failed to appear before this Court. Thereafter, on various dates the

notices have been issued to the petitioner to appear before this Court but the petitioner failed to

appear before this Court which clearly shows that he is not interested to pursue his case and to file

claim petition.

In the light of aforesaid facts, it appears that at present the petitioner is not interested to

pursue his claim. The following reference qua the termination of services of petitioner was received

from appropriate government for adjudication:

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“Whether termination of the services of Shri MohitGautam R/o Village Kunihar, P.O

Kunihar, Tehsil Arki, District Solanw.e.f. 24.9.2012 by the Employer M/s Link Utsav

Venture Pvt. Ltd. SabziMandiSolan, District Solan, HP (present office) M/s Link

Utsav Venture Pvt. Ltd., D-34, Basement, Junagpura Extension, New Dehli-110014

(Regd. Office) without without complying with the provisions of the Industrial

Disputes Act, 1947 is legal and justified? If not, to what amount of back wages,

seniority, past service benefits and compensation the above worker is entitled to from

the above employer?”

In the absence of any claim petition and evidence on behalf of petitioner, it cannot be held

that his services were wrongly and illegally terminated by the respondents. Hence, the reference is

answered against the petitioner and the award is passed accordingly. However, liberty is granted to

the petitioner to agitate his termination of services by filing an application before this Court in

order to revive the reference. Let a copy of this award be sent to the appropriate government for

publication in official gazette. File, after completion be consigned to records.

Announced:

26.2.2016.

(Sushil Kukreja),

Presiding Judge,

Labour Court, Shimla.

___________

IN THE COURT OF SUSHIL KUKREJA, PRESIDING JUDGE, INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, SHIMLA, (H.P).

Reference No. 21 of 2014.

Instituted on. 13.2.2014.

Decided on 29.2.2016.

Bhagwan Dass S/o Late Shri Mathu Ram R.o VPO Kairkoti, Tehsil & District Shimla, HP.

……………Petitioner.

Vs.

1.

State of HP through Secretary Education to the Government of Himachal Pradesh

HP Secretariat Shimla-2, H.P.

2.

Vice Chancellor Dr. Y.S Parmar University Horticulture and Forestry at Nouni, District

Solan, H.P.

3.

Associate Director (R&F) RH RF- Mashobra, at Shimla H.P.

4.

Professor and Head of Department of Silvi Culture and agro Forestry at Dr. Y.S Parmar

University Nauni District Solan H.P.

5.

Department of Head and Professor Department of tree improvement at Dr. Y.S Parmar

University Nauni, District Solan, H.P.

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6.

Professor Department of Horticulture and Land Scaping Dr. Y.S Parmar University Nauni,

District Solan, H.P.

7.

Warden Scaping Dr. Y.S Parmar University Nauni, District Solan, H.P.

8.

Student Welfare Officer of Dr. Y.S Parmar University Nauni, District Solan, H.P.

……………Respondents.

Reference under section 10 of the Industrial Disputes Act, 1947.

For petitioner :

Shri B.R Kashyap, Advocate.

For respondent no.1:

Shri H.N Kashyap, ADA.

For respondent no.2 to 8: Shri Balwant Singh, Advocate.

AWARD

The following reference has been sent by the appropriate government for adjudication:

“Whether termination of services of Shri Bhagwan DassS/o Shri Mathu Ram, mess

helper R/o Village and P.O Kiarkoti, Tehsil Sunni, District Shimla, HP by (1)

Registrar, Dr. Y.S Parmar University of Horticulture and Forestry, Nauni, District

Solan, HP (2) Student Welfare Officer, Dr. Y.S Parmar University of Horticulture and

Forestry, Nauni, District Solan, HP (under Graduate Hostel) (3) Warden, Dr. Y.S

Parmar University of Horticulture and Forestry, Nauni, District Solan, HP (under

Graduate Hostel) during November, 2012 orally, without serving any notice, without

complying with the provisions of the Industrial Disputes Act, 1947 as alleged by the

workman in demand notice is legal and justified? If not, to what back-wages, service

benefits and relief the above named Mess Helper is entitled to from the above

employers?”

(2) Briefly, the case of the petitioner is that in the year, 1997, he had joined the services

with the respondents in the different departments which is under the control of the Dr. Y.S Parmar

University, Nauni District Solan, HP (hereinafter referred to as University). The petitioner had

discharged his duties with all sincerity to the entire satisfaction of his superiors till October, 2012 at

Solan and thereafter in the month of November, 2012, the services of the petitioner have been

terminated without any prior intimation and notice. It is further averred that the petitioner was

engaged on the contractual basis vide letter dated 19.6.2003 and a period of three months was

further extended vide letter dated 10.3.2003 and similarly the services of the petitioner had been

extended in the years, 2004, 2005, 2006 and 2007 and thereafter he continued till October, 2012. It

is also averred that the petitioner made various representations to the respondents with a request for

the regularization of his services from the date of joining i.e from 1997 as the petitioner joined in

the year, 1997 at Mashobra Apple research Centre and thereafter he was send to University at

Nauni. The petitioner is the only earning member in the family and belongs to poor family and has

no other source of income. The action on the part of the respondents is illegal, harsh, oppressive

and unjust and contrary to the provisions of service jurisprudence. Against this back-drop the

petitioner has prayed for his re-instatement in service with seniority from the year 1997,

regularization and other service benefits.

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(3) The respondents contested the claim of the petitioner by filing reply wherein

preliminary objections have been taken that the petitioner had initially worked in the University at a

fixed salary of Rs. 1800/- w.e.f. 20.6.2003 to 15.9.2003 as labourer for a fixed tenure on certain

terms and conditions under adhoc project NATP NAT -008-51 which was funded by the

Government of India and on the completion of the Project, the services of the petitioner stood

dispensed with by giving him notice in writing. The petitioner had worked with the different

departments of University as a contractual labourer in the different spells, who left the job on his

own and the services of the petitioner had been regulated in accordance with the provisions of

scheme for the engagement of labourer on contractual basis. Lastly, the petitioner had worked in

the Hostel which is being run as co-operative basis as mess servant on outsourced basis @ fixed

amount of Rs. 1400/- per month from 2/2004 to 4/2004, 5/2004 to 8/2004 and from 5.6.2007 to

6/2009 in different spells and as such the claim of the petitioner does not fall under the definition of

Industrial Disputes Act, 1947 (hereinafter referred to as Act). It is further asserted that the

petitioner had not completed 240 days and the respondents University does not fall under the

jurisdiction of the Act. On merits, it is denied that the petitioner had worked till October, 2012.

However, it is admitted that the petitioner was engaged vide letter dated 18.6.2003 on contractual

basis and worked w.e.f. 20.6.2003 to 15.9.2003, under the project which was funded by the

Government of India. The petitioner further worked on contractual basis w.e.f. 21.6.2005 to

14.9.2005 in the department of Silviculture and Agroforestry and thereafter w.e.f. Jan., 2006 to

March, 2006, Jan., 2007 to March, 2007 and May 2007 to June, 2007 in the department of tree

improvement and Genetic Resources in the University. It is also asserted that that the representation

of the petitioner was sent to Students Welfare Officer which was withdrawn by the petitioner.

Since, the petitioner was never engaged with the respondents, hence the question of retrenchment

does not arise as the petitioner had worked only for short spell of time. The respondents prayed for

the dismissal of the claim petition.

(a) By filing rejoinder, the petitioner reaffirmed his allegation by denying those of the

respondents.

(b) Pleadings of the parties give rise to the following issues which were struck on

17.9.2014.

1.

Whether the services of the petitioner were terminated during November, 2012

without complying with the provisions of the Industrial Disputes Act, 1947 in

illegal and unjustified manner as alleged?

OPP……..

2. If issue no.1 is proved in affirmative, to what service benefits, the petitioner is

entitled to and from whom?

OPP…..

3. Whether this petition is not maintainable as alleged in preliminary objections?

OPR……..

4. Relief.

6. Besides having heard the Learned ADA/Counsels for the parties, I, have also gone

through the record of the case carefully.

7. For the reasons to be recorded hereinafter while discussing issues for determination,

my findings on the aforesaid issues are as under:—

Issue no.1 No.

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Issue no.2 Not entitled to any relief.

Issue no.3 No.

Relief. Reference answered against the petitioner and in favour of the

respondents per operative part of award.

Reasons for findings

Issue no.1

8.

The learned counsel for the petitioner contended that the services of the petitioner

have been terminated by the respondents without complying with the mandatory provisions of the

Act as neither any notice was served upon him nor he was paid compensation. He further

contended that the petitioner had completed 240 days in every calendar year and juniors to the him

are still working with the respondents and his services have been terminated without any reason

and even no opportunity of being heard was afforded to him before terminating his services.

9.

On the other hand, learned counsel appearing on behalf of the respondents contended

that the petitioner had worked as contractual labourer with the respondents University under

different projects in different spells, who had never completed 240 days in any calendar year,

hence, the petitioner is not entitled for the protection of sections 25-F, 25-G and 25-H of the Act.

10. To prove his case, the petitioner has examined himself as PW-7 and seven other

witnesses as PW-1 to PW-6 and PW-8. PW-1 Shri Liaquat Ali, Senior Assistant has stated that Ex.

PW- 1/A and Ex. PW-1/B are the copies of standing instructions dated 5.12.2001 and 14.6.2002

regarding the engagement of the daily waged labourers and the petitioner was engaged as per the

standing instructions. The copies of representation of the petitioner are Ex. PW-1/C to Ex. PW-1/E.

11. PW-2 Shri Tilak Raj, Forest Ranger has stated that the petitioner had been engaged

vide letter dated 18.6.2005, the copy of which is Ex. PW-2/A. In cross-examination, he admitted

that the petitioner had been engaged on contract basis for a specific period of 89 days.

12. PW-3 Dr. V.K Singh, Farm Manager has stated that the petitioner had worked in

November, 2003 for 28 days and 31 days in December, 2003 as contractual labour and during the

said period he had done the farm related work. In cross-examination, he admitted that the petitioner

had worked for two months in their department.

13. PW-4 Shri Papinder Kumar, Clerk has stated that the petitioner was working in the

Mess w.e.f. 2007 to 2009. In cross-examination, he admitted that the petitioner had been engaged

on outsource basis. He further admitted that the petitioner had only worked for 178 days in the year

2007, 294 days in the year, 2008 and 142 days in the year, 2009. He also admitted that the

petitioner was being paid wages after the collection of money from students.

14. PW-5 Shri Tek Chand, Junior Assistant has stated that the Mashobra Regional

Research Centre is under the control of the University. In cross-examination, he admitted that the

record of Regional Research Centre Mashobra is maintained separately by them and the employees

of the aforesaid research Centre are being administered by them.

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15. PW-6 Shri Mukesh Chand, Forest Ranger has stated that the petitioner had been

engaged by their department vide letter dated 9.1.2006, Ex. PW-6/A and the petitioner had been

engaged in their department w.e.f. Jan., 2006 to March, 2006, May & June, 2006 and thereafter

again engaged vide letter dated 21.12.2006, the copy of which is Ex. PW-6/B from Jan., 2007 to

March, 2007. The petitioner used to do the work of bedding, cutting, watering, sowing and weeding

etc. In cross-examination, he admitted that the petitioner had worked against the stop gap

arrangement.

16. The petitioner appeared into the witness box as PW-7 and tendered his affidavit Ex.

PW-7/A wherein he reiterated almost all the averments as stated in the petition. In cross-

examination, he admitted that he worked only for 85 days in Mashobra in the year, 2003 in Adhoc

project on contract basis. He further admitted that during his working tenure in the University, he

was a contractual employee. He also admitted that he had worked in the project and in Hostel’s

mess as a helper. He admitted that till 2007, he had worked in various projects as labourer on

contractual basis. He denied that before his termination, he was served with a termination notice.

17. PW-8 Shri Niranjan Singh, Senior Assistant has stated that the petitioner was engaged

as labourer on contractual basis vide letter dated 10.9.2003 and vide letter dated 19.6.2003, Ex.

PW-8/B, he was again re-engaged. In cross-examination, he stated that the petitioner had worked

only for 85 days in the year, 2003 in their department (Mashobra). He admitted that the petitioner

was engaged as contractual employee in adhoc project.

18. To rebut the case of the petitioner, the respondents have examined four RWs. RW-1

Shri Niranjan Singh, Senior Assistant has stated that the petitioner was engaged on 20.6.2003 under

project and worked till 15.9.2003 as per letter Ex. RW-1/A and thereafter his services were

dispensed with after exhausting of the funds for the project. The petitioner was doing the work of

plantation etc. The petitioner had also given an undertaking vide Ex. RW-1/B and termination letter

Ex. Rw-1/C was given to the petitioner. In cross-examination, he denied that the petitioner had

worked for four months and the services of the petitioner have been terminated within a period of

one month from the date of engagement. He admitted that no notice was issued to the petitioner

prior to the termination of his services.

19. RW-2 Shri Tilak Raj, Forest Ranger has stated that vide letter Ex. RW-2/A, he has

been authorized to make the statement before this Court. He further stated that the petitioner was

engaged on 20.6.2005 by the department of silviculture for a period of 89 days, on contract basis, in

the project vide letter Ex. RW-2/B and affidavit Ex. RW-2/C had been given by the petitioner at the

time of his engagement. In cross-examination, he admitted that there are different departments

working under the university. He admitted that the services of the petitioner were terminated before

the completion of the Project and no notice was issued to the petitioner before terminating his

services.

20. RW-3 Shri Papinder Kumar, Clerk has stated that vide letter Ex. RW-3/A, the

petitioner was engaged in students welfare office on 26.5.2007 and undertaking Ex. RW-3/B had

been given by the petitioner at the time of his engagement. He further stated that the petitioner was

being paid wages by the students. In cross-examination, he admitted that the petitioner was engaged

by the Student Welfare Officer working under the university. He further admitted that no notice

was issued to the petitioner before terminating his services but explained that the petitioner had left

the job on his own.

21. RW-4 Shri Tejinder Singh, Field Assistant has stated that the petitioner was engaged

on 10.1.2006 by the Professor and Head of Department TIGR and worked till 31.3.2006 vide letter

Ex. RW-4/A on contract basis under the project. Ex. RW-4/B is the affidavit filed by the petitioner

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at the time of his engagement. Thereafter the petitioner was engaged on 1.5.2006 under the same

project and worked till 30.6.2006 vide letter Ex. RW-4/C and Ex. RW-4/D is the affidavit filed by

the petitioner. Again the petitioner was engaged on contract basis on 1.1.2007 to 31.3.2007 under

the same project vide letter Ex. RW-4/E and Ex. RW-4/F is the affidavit filed by the petitioner. In

cross-examination, he denied that the petitioner had worked for more than a year under the same

project. He admitted that no notices were issued to the petitioner before his each termination.

22. I have closely scrutinized the entire evidence, on record, and from the closer scrutiny

thereof it has become clear that the petitioner had worked in the different departments of the

University as contractual labourer in different spells. The perusal of the record goes to show that

initially the respondents had engaged the petitioner w.e.f. 20.6.2003 under the project and he had

worked till 15.9.2003 as per letter Ex. RW-1/A. Thereafter, he was engaged on 20.6.2005 by the

department of Silviculture for a period of 89 days on contract basis under the project vide letter Ex.

RW-2/B. The petitioner was further engaged on 10.1.2006 by the Professor and Head of TIGR and

worked till 31.3.2006 on contract basis under the project vide letter Ex. RW-4/A. Thereafter, he

was again engaged on 1.5.2006 under the same project and worked till 30.6.2006 vide letter Ex.

RW-4/C. He was also engaged on contract basis w.e.f. 1.1.2007 to 31.3.2007 under the same

project vide letter Ex. RW-4/E. Then, the petitioner was further engaged in Student Welfare Office

on 26.5.2007 vide letter Ex. RW-3/A on contract basis and he had also given an undertaking Ex.

RW-3/B at the time of his engagement.

23. Therefore, from the aforesaid material on record, it is clear that the petitioner had

worked with the respondents in different departments as a casual worker on contract basis. This fact

has also been categorically admitted by the petitioner in his cross-examination that during his

working tenure in the university, he was a contractual employee. He further admitted that till the

year 2007, he had worked in various projects as labourer on contractual basis. Hence, from the

perusal of the record coupled with the admission of the petitioner, it stands duly proved on record

that the services of the petitioner had been engaged by the respondents on contract basis under

different departments of the University in the different spells. In 2006 LLR 1233 SC in case titled

as Vidya Vardhaka Sangha & Anr. V. Y.D Deshpande &Ors, it has been held that:—

“The appointment made on probation/ad-hoc basis for a specific period of time comes to

an end by efflux of time and the person on such post can have no right to continue on the

post. When after having accepted the terms and conditions stipulated in the appointment

letter and allowed, the period for which they were appointed has been elapsed by efflux of

time, they cannot be permitted to challenge the validity of their termination.

It was also held in (2006) 6 SCC 221, case titled as Reserve Bank of India V. Gopinath

Sharma & Anr. that workman not appointed to any regular post but engaged on the basis of need

of work on day to day basis, had no right to the post.

In 2006 (2) SCC 794 in case titled as Haryana State Agricultural Marketing Board V.

Subhash Chand & Anr. the Hon’ble Supreme Court has held as under:—

“11. The question as to whether Chapter V-A of the Act will apply or not would be

dependent on the issue as to whether an order of retrenchment comes within the

purview of Section 2 (oo) (bb) of the Act or not. If the termination of service in

view of the exception contained in clauses (bb) of Section 2(oo) of the Act is not a

’retrenchment’, the question of applicability of Chapter V-A thereof would not

arise.

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12. Central Bank of India Vs. S. Stayam whereupon reliance was placed by Mr.

Singh, is itself an authority for the proposition that the definition of

’retrenchment’ as contained in the said provision is wide. Once it is held that

having regard to the nature of termination of services it would not come within

the purview of the said definition, the question of applicability of Section 25-G of

the Act does not arise.”

24. In the instant case, admittedly, the petitioner was engaged on contractual basis with

the different departments of the university under the different projects in the different spells. Thus,

on the basis of the above cited rulings and also having regard to the entire evidence on record, it

can safely be concluded that the petitioner had been engaged on contract basis, who was not

retrenched within the meaning of section 2(oo) of the Industrial Disputes Act, 1947 and that his

case falls within the exception as prescribed under section 2(oo)(bb) of the Act. Consequently, the

petitioner fails to prove this issue, to which my answer is in the negative.

Issue no.2.

25. Since, the petitioner has failed to prove issue no.1, this issue becomes redundant.

Issue no.3.

26. In support of this issue, no evidence was led by the respondent. Moreover, I find

nothing wrong with this petition which is perfectly maintainable. Accordingly, issue no.3 is decided

in favour of petitioner and against the respondent.

Relief

As a sequel to my above discussion and findings on issue no.1 to 3, the claim of the

petitioner fails and is hereby dismissed with the result the reference is answered against the

petitioner and in favour of respondents. Let a copy of this award be sent to the appropriate

government for publication in official gazette. File, after completion, be consigned to records.

Announced in the open Court today on this 29th Day of Feb., 2016.

(Sushil Kukreja),

Presiding Judge,

Industrial Tribunal-cum-

Labour Court, Shimla.

____________

HIGH COURT OF HIMACHAL PRADESH, SHIMLA- 171 001

NOTIFICATION

Shimla, the 01st March, 2016

No.HHC/Admn.3(221)/86-II.—12 days commuted leave on and with effect from

01.02.2016 to 12.02.2016, with permission to prefix Sunday, 1st Batch Winter Vacations and

Sunday commencing from 10.01.2016 to 31.01.2016 & suffix second Saturday and Sunday on

13.02.2016 and 14.02.2016, is hereby sanctioned, ex-post-facto, in favour of Shri Ravinder Sharma,

Court Master of this Registry.

8735

jkti=] fgekpy izns'k] 14 ekpZ] 2016@24 QkYxqu] 1937

Certified that Shri Ravinder Sharma has joined the same post and at the same station from

where he had proceeded on leave after the expiry of the above leave period.

Certified that Shri Ravinder Sharma would have continued to officiate the same post of

Court Master but for his proceeding on leave.

By order,

Sd/-

Registrar General.

__________

HIGH COURT OF HIMACHAL PRADESH, SHIMLA- 171 001

NOTIFICATION

Shimla, the 03rd March, 2016

No.HHC/Admn.3(189)/83-II.—Following kinds of leave are hereby sanctioned, ex-post-

facto, in favour of Smt. Dinesh Chauhan, Deputy Registrar of this Registry:

1. 09 days earned leave i.e. on and with effect from 10.12.2015 to 18.12.2015.

2. 21 days commuted leave on and with effect from 01.01.2016 to 21.01.2016.

Certified that Smt. Dinesh Chauhan has joined the same post and at the same station from

where she had proceeded on leave after the expiry of the above leave period.

Certified that Smt. Dinesh Chauhan would have continued to officiate the same post of

Deputy Registrar but for her proceeding on leave.

By order,

Sd/-

Registrar General.

___________

HIGH COURT OF HIMACHAL PRADESH, SHIMLA- 171 001

NOTIFICATION

Shimla, the 26th February, 2015

No.HHC/Admn.3(331)/92-I.—04 days earned on and with effect from 08.03.2016 to

11.03.2016, with permission to prefix Sunday and Gazetted Holiday falling on 06.03.2016 and

07.03.2016 & suffix second Saturday and Sunday falling on 12.03.2016 and 13.03.2016, is hereby

sanctioned, in favour of Shri Davinder Chopra, Deputy Registrar of this Registry.

Certified that Shri Davinder Chopra is likely to join the same post and at the same station

from where he proceeds on leave after the expiry of the above leave period.

8736

jkti=] fgekpy izns'k] 14 ekpZ] 2016@24 QkYxqu] 1937

Certified that Shri Davinder Chopra would have continued to officiate the same post of

Deputy Registrar but for his proceeding on leave.

By order,

Sd/-

Registrar General.

__________

HIGH COURT OF HIMACHAL PRADESH, SHIMLA- 171 001

NOTIFICATION

Shimla, the 29th February, 2016

No.HHC/Estt.3(567)/2005.—03 days commuted leave on and with effect from 18.02.2016

to 20.02.2016, with permission to suffix Sunday on 21.02.2016, is hereby sanctioned, ex-post-facto,

in favour of Smt. Urmila Gosain, Court Master of this Registry.

Certified that Smt. Urmila Gosain has joined the same post and at the same station from

where she had proceeded on leave after the expiry of the above leave period.

Certified that Smt. Urmila Gosain would have continued to officiate the same post of Court

Master but for her proceeding on leave.

By order,

Sd/-

Registrar General.

__________

jktLo foHkkx vuqHkkx&?k

vf/klwpwpuk

f”keyk&2] 4 ekpZ] 2016

la[;k% jktLo&Mh0&¼,Q½4&1@2016-&&fgekpy izns”k Hkw&vfHkys[k fu;ekoyh] 1992 ds iSjk 3-17

,oe iSjk 3-18 es of.kZr@fufnZ’V izko/kkuksa@ekudksa esa NwV nsrs gq, jkT;iky] fgekpy izns”k]

mi&rglhy nsgk ftyk f”keyk ds iVokj o`r cy/kkj ds pkj eqgkykas rFkk ?kq.M ds ,d eqgky dk

fo?kVu djrs gq, ,d u;s iVokj o`r frgkuk] mi&rg0 nsgk] ftyk f”keyk esa lEofU/kr eqgkyksa dh

lwfp lfgr vuqcU/k ßdß ds vuqlkj l`ftr djus ds lg’kZ vkns”k nsrs gSa A

vkns”k }kjk]

r:.k Jh/kj]

vfr0 eq[; lfpo ,oe foRrk;qDr ¼jktLo½A

8737

jkti=] fgekpy izns'k] 14 ekpZ] 2016@24 QkYxqu] 1937

vuqcU/k ^^v**

orZeku esa iVokj o`r cy/kkj] mi rglhy nsgk esa dqy ekStk dh la[;k%

Øe

la[;k%

Ukke iVokj o`r

dqy jdok

gS0 esa

dqy [kljk

uEcj

dqy [kkrk

uEcj

dqy [krkSuh

uEcj

fooj.k

1-

cy/kkj

192

647

69

112

2-

dfV;k.kk izFke

48

262

26

44

3-

dfV;k.kk f}rh;

80

766

29

57

4-

dfV;k.kk r`rh;

81

294

50

66

5-

iMxS;k

102

689

58

136

6-

fegk.kk

155

1021

167

165

7-

frgk.kk

107

475

64

105

8-

Fkkuk/kkj

84

429

56

90

9-

djxksyh

111

778

86

150

960

5361

505

925

vuqcU/k ^^c**

izLrkouk mijkUr iVokj o`r cy/kkj] mi rglhy nsgk esa dqy ekStk dh la[;k%

Øe

la[;k%

uke iVokj o`r

dqy jdok

gS0 esa

dqy [kljk

uEcj

dqy [kkrk

uEcj

dqy [krkSuh

uEcj

fooj.k

1-

cy/kkj

192

647

69

112

2-

dfV;k.kk izFke

48

262

26

44

3-

dfV;k.kk f}rh;

80

766

29

57

4-

dfV;k.kk r`rh;

81

294

50

66

5-

djxksyh

111

778

86

150

532

2747

260

419

vuqcU/k ^^t**

orZeku esa izLrkfor iVokj o`r frgk.kk] mi rglhy nsgk esa dqy ekStk dh la[;k%

Øe

la[;k%

uke iVokj o`r

dqy jdok

gS0 esa

dqy [kljk

uEcj

dqy [kkrk

uEcj

dqy [krkSuh

uEcj

fooj.k

1-

iMxS;k

102

689

58

136

2-

fegk.kk

155

1021

167

165

3-

frgk.kk

107

474

64

105

4-

Fkkuk/kkj

84

429

56

90

5-

cukMh

131

351

57

102

579

2965

402

598

8738

jkti=] fgekpy izns'k] 14 ekpZ] 2016@24 QkYxqu] 1937

vuqcU/k ^^l**

orZeku esa iVokj o`r ?kq.M] mi rglhy nsgk esa dqy ekStk dh la[;k

Øe

la[;k%

Ukke iVokj o`r

dqy jdok

gS0 esa

dqy [kljk

uEcj

dqy [kkrk

uEcj

dqy [krkSuh

uEcj

fooj.k

1-

?kq.M

250

1648

141

312

2-

Mh0ih0,Q0 ?kq.M

293

100

23

143

3-

ikyoh

191

1358

103

278

4-

xMSMh

115

680

58

143

5-

fVDdj

192

1031

53

141

6-

cukMh

131

351

57

100

1172

5168

435

1117

vuqcU/k ^^g**

izLrkouk mijkUr iVokj o`r ?kq.M] mi rglhy nsgk eas dqy ekStk dh la[;k

Øe

la[;k

Ukke iVokj o`r

dqy jdok

gSD0 esa

dqy [kljk

uEcj

dqy [kkrk

uEcj

dqy [krkSuh

uEcj

fooj.k

1-

?kq.M

250

1648

141

321

2-

Mh0ih0,Q0 ?kq.M

293

100

23

143

3-

ikyoh

191

1358

103

278

4-

xMSMh

115

680

58

143

5-

fVDdj

192

1031

53

141

1041

4817

378

1017

&&&&&&&&&&

MEDICAL EDUCATION DEPARTMENT

NOTIFICATION

Shimla-2, the 11th March, 2016.

NO. HFW-B(B)1-5/2015.—In order to establish multi-disciplinary context in teaching and

practice in public health in the State and to provide efficacious health services and effectively meet

the public health need of patients and to evaluate the National Health Programmes in the State with

a view to provide maximum benefits to the general population, the Governor, Himachal Pradesh is

pleased to order the creation of a School of Public Health in the Dr. Rajinder Parsad Government

Medical College, Tanda, District- Kangra, Himachal Pradesh with the following objectives and

measurable indicators:—

8739

jkti=] fgekpy izns'k] 14 ekpZ] 2016@24 QkYxqu] 1937

Objectives of the Scheme:

Establishing the School of Public Health in Himachal Pradesh aims to improve the public

health capacity of the state, northern region and even the entire country. It shall be

achieving its aim while focusing on specific objectives;

•

To provide efficient consultancy services to State health services on public health

matters.

•

To act as the center for evaluation and training of National Health Programmes/

schemes being undertaken by the Government of Himachal Pradesh.

•

To develop teaching/ training material for medical professional involved in

implementation of National Health Programmes/ schemes.

•

To provide inputs to the State Government in identifying priority healthy care areas for

its people.

•

To help establish models of Health Care Delivery using available resources within

already existing health care set up of the state.

•

To identify sustainable health care delivery points in terms of manpower and resource

e.g. identify the role of AYUSH and other practitioners in current system of health care

delivery.

•

To initiate the teaching programmes such as Master in Public Health (MPH), Diploma

in Public Health (DPH) and Doctor of Philosophy (PhD) in public health.

•

To start short term training courses in various fields of public health for candidates

working in state health care delivery system (in-service).

•

To carry out research by setting up model public health projects keeping in view

national health policy guidelines and vision of health for all in 21st century.

Measurable Indicators of the Scheme:

•

Participation in public health policy planning, project implementation plan (PIP) for

health, capacity building of health care professionals in the primary health care system

and monitoring & evaluation of national health programs in the state, region and

country.

•

Number of teaching/ training modules/ protocols developed.

•

Number of programmes/ schemes evaluated.

•

Number of recommendations made to national programmes/ schemes at

implementation level.

•

Number of Public Health Professionals with MPH in a year (Expected 11 in a year).

•

Number of Public Health Professionals with DPH in a year (Expected 11 in a year).

•

Number of Public Health Professionals with PhD in a year (Expected one in a year).

8740

jkti=] fgekpy izns'k] 14 ekpZ] 2016@24 QkYxqu] 1937

•

Number of research projects raised by monetary assistance from state, national, and

international research organizations.

•

Number of research publications in international and national journals with an impact

factor.

2. The Governor, Himachal Pradesh is also pleased to order that no separate posts would

for the present be created for the School of Public Health.

3. The Governor, Himachal Pradesh, is further pleased to order that the Regional Health

and Family Welfare Training Centre, Chebb, District- Kangra shall be taken over by the Dr.

RPGMC, Tanda to establish the School of Public Health. The School of Public Health will function

under the department of Community Medicine, Dr. RPGMC, Tanda, District- Himachal Pradesh.

4. The Governor, Himachal Pradesh is further pleased to order that the Principal, Dr.

RPGMC, Tanda will immediately operationalise the School of Public Health through

internalization.

By order,

Sd/-

Additional Chief Secretary (Health).

__________

c vnkyr uk;c rglhynkj ,oe~ dk;Zdkjh n.Mkf/kdkjh] 'kkgiqj] ftyk dkaxM+k ¼fg0 iz0½

Jherh n'kZuk nsoh iRuh Jh jkt dqekj] xkao o Mkd?kj nqjxsyk] rglhy 'kkgiqj] ftyk dkaxM+k]

¼fg0 iz0½

- - izkfFkZ;k

cuke

vke turk

fo"k;-&&izkFkZuk&i= tsj /kkjk 13¼3½ tUe ,oe~ e`R;q iathdj.k vf/kfu;e] 1969 ckjsA

jkti= b'rgkj ckjsA

Jherh n'kZuk nsoh iRuh Jh jkt dqekj] xkao o Mkd?kj nqjxsyk] rglhy 'kkgiqj] ftyk dkaxM+k]

¼fg0 iz0½ us bl vnkyr esa izkFkZuk i= e; O;ku gYQh xqtkjk gS fd esjs yMds vfHk"ksd dk tUe

11&5&1995 dks gqvk gSA ysfdu xzke iapk;r ds fjdkMZ jftLVj esa ntZ u gqvk gSA

vr% bl jkti= b'rgkj }kjk vke turk dks lwfpr fd;k tkrk gS fd ;fn bl ckjs fdlh Hkh

O;fDr dks dksbZ mtj ;k ,rjkt gks rks og fnukad 29&03&2016 dks izkr% 10-00 cts vnkyr esa gkftj

gksdj viuk ,rjkt is'k dj ldrk gSA dksbZ ,rjkt is'k u gksus dh lwjr esa tUe frfFk iathd`r djus ds

vkns'k dj fn;s tk,axsA

vkt fnukad 15&02&2016 dks esjs gLrk{kj o eksgj vnkyr ls tkjh gqvkA

eksgjA

gLrk{kfjr@&

dk;Zdkjh n.Mkf/kdkjh]

'kkgiqj] ftyk dkaxM+k] fgekpy izns'kA

8741

jkti=] fgekpy izns'k] 14 ekpZ] 2016@24 QkYxqu] 1937

c vnkyr lgk;d lekgrkZ f}rh; Js.kh] 'kkgiqj] ftyk dkaxM+k ¼fg0 iz0½

Jh jktho flag iq= Jh vuthu flag] fuoklh xkao oSgdkjh] Mkd?kj jtksy] rglhy 'kkgiqj] ftyk

dkaxMk ¼fg0 iz0½

- - izkFkhZ

cuke

vke turk

fo"k;-&&dkxtkr eky esa uke dh n#Lrh fg0 iz0 Hkw&jktLo vf/kfu;e] 1954 tsj/kkjk 37¼2½ ds vUrxZr

djus ckjsA

jkti= b'rgkj ckjsA

Jh jktho flag iq= Jh vuthu flag] fuoklh xkao oSgdkjh] Mkd?kj jtksy] rglhy 'kkgiqj us bl

vnkyr esa 'kiFk i= lfgr vkosnu i= xqtkjk gS fd mldk uke jktho flag gSA ijUrq egky oSgdkjh esa

vthr flag o eqgky vEckMh esa vtho flag ntZ gS] tks fd xyr gSA n#Lrh dh tkosA

vr% bl jkti= b'rgkj }kjk vke turk dks lwfpr fd;k tkrk gS fd jktLo vfHkys[k esa lgh

uke n#Lr djus ckjs ;fn fdlh Hkh O;fDr dks dksbZ mtj ;k ,rjkt gks rks og fnukad 29&03&2016 dks

izkr% 10-00 cts ekSf[kd ;k fyf[kr :i esa is'k dj ldrk gSA ;fn mijksDr uke n#Lrh dk ,rjkt is'k

u gqvk rks fu;ekuqlkj jktLo vfHkys[k esa dk;Zokgh vey esa ykbZ tk,xhA

eksgjA

gLrk{kfjr@&

lgk;d lekgrkZ f}rh; Js.kh]

'kkgiqj] ftyk dkaxM+k ¼fg0 iz0½A

&&&&&&

c vnkyr lgk;d lekgrkZ f}rh; Js.kh] 'kkgiqj] ftyk dkaxM+k ¼fg0 iz0½

Jh fouksn flag iq= Jh x.ks'k jke] fuoklh xkao Hkukyk] rglhy 'kkgiqj] ftyk dkaxMk ¼fg0 iz0½

- - izkFkhZ

cuke

vke turk

fo"k;-&&dkxtkr eky esa uke dh n#Lrh fg0 iz0 Hkw&jktLo vf/kfu;e] 1954 tsj/kkjk 37¼2½ ds vUrxZr

djus ckjsA

jkti= b'rgkj ckjsA

Jh fouksn flag iq= Jh x.ks'k jke] fuoklh xkao Hkukyk] rglhy 'kkgiqj us bl vnkyr esa 'kiFk

i= lfgr vkosnu i= xqtkjk gS fd mldk lgh uke fouksn flag gSA ijUrq jktLo vfHkys[k egky D;kjh

o ukgyu esa cynso flag ntZ gS] tks fd xyr gSA n#Lrh dh tkosA

vr% bl jkti= b'rgkj }kjk vke turk dks lwfpr fd;k tkrk gS fd jktLo vfHkys[k esa lgh

uke n#Lr djus ckjs ;fn fdlh Hkh O;fDr dks dksbZ mtj ;k ,rjkt gks rks og fnukad 29&03&2016 dks

8742

jkti=] fgekpy izns'k] 14 ekpZ] 2016@24 QkYxqu] 1937

izkr% 10-00 cts ekSf[kd ;k fyf[kr :i esa is'k dj ldrk gSA ;fn mijksDr uke n#Lrh dk ,rjkt is'k

u gqvk rks fu;ekuqlkj jktLo vfHkys[k esa dk;Zokgh vey esa ykbZ tk,xhA

vkt fnukad 10&02&2016 dks esjs gLrk{kj o eksgj vnkyr ls tkjh gqvkA

eksgj vnkyrA

gLrk{kfjr@&

lgk;d lekgrkZ f}rh; Js.kh]

'kkgiqj] ftyk dkaxM+k ¼fg0 iz0½A

&&&&&&

c vnkyr uk;c rglhynkj ,oe~ dk;Zdkjh n.Mkf/kdkjh] 'kkgiqj] ftyk dkaxM+k ¼fg0 iz0½

Jherh dsljh nsoh iRuh Lo0 Jh d`".k pUn] fuoklh xkao flgksyiqjh] Mkd?kj 'kkgiqj] rglhy

'kkgiqj] ftyk dkaxM+k ¼fg0 iz0½

- - izkfFkZ;kA

cuke

vke turk

fo"k;-&&izkFkZuk&i= tsj /kkjk 13¼3½ tUe ,oe~ e`R;q iathdj.k vf/kfu;e] 1969 ckjsA

Jherh dsljh nsoh iRuh Lo0 Jh d`".k pUn] fuoklh xkao flgksyiqjh] Mkd?kj 'kkgiqj] rglhy

'kkgiqj] ftyk dkaxM+k ¼fg0 iz0½ us bl vnkyr esa izkFkZuk i= e; O;ku gYQh xqtkjk gS fd esjh lkl

Jherh /kehZ nsoh iRuh Jh lsljh nr dh e`R;q fnukad 20&06&1979 dks gqbZ FkhA ysfdu xzke iapk;r ds

fjdkMZ jftLVj esa ntZ u gqbZ gSA

vr% bl jkti= b'rgkj }kjk vke turk dks lwfpr fd;k tkrk gS fd ;fn bl ckjs fdlh Hkh

O;fDr dks dksbZ mtj ;k ,rjkt gks rks og fnukad 29&03&2016 dks izkr% 10-00 cts vnkyr esa gkftj

gksdj viuk ,rjkt is'k dj ldrk gSA dksbZ ,rjkt is'k u gksus dh lwjr esa e`R;q frfFk iathd`r djus ds

vkns'k ikfjr dj fn;s tk,axsA

vkt fnukad 15&02&2016 dks esjs gLrk{kj o eksgj vnkyr ls tkjh gqvkA

eksgjA

gLrk{kfjr@&

dk;Zdkjh n.Mkf/kdkjh]

'kkgiqj] ftyk dkaxM+k] fgekpy izns'kA

&&&&&&

c vnkyr Jh vfuy pkSgku] mi&e.Mykf/kdkjh ¼uk0½ pkSiky] rglhy pkSiky]

ftyk f'keyk ¼fg0 iz0½

Jh jkds'k dqekj iq= Jh yk;d jke] xkao ekux<+] Mkd?kj cxkM+] rglhy pkSiky] ftyk f'keyk

¼fg0 iz0½

- - oknhA

cuke

¼1½ vke turk

¼2½ iz/kku] xzke iapk;r fdj.k] rglhy pkSiky

- - izfroknhA

fo"k;-&&izkFkhZ Jh jkds'k dqekj dk uke o tUe frfFk xzke iapk;r fdj.k ds tUe iathdj.k jftLVj esa

ntZ djus gsrqA dh v/khu /kkjk 13¼3½ tUe iathdj.k vf/kfu;e] 1969 ds vUrxZrA

8743

jkti=] fgekpy izns'k] 14 ekpZ] 2016@24 QkYxqu] 1937

b'rgkj

gj [kkl o vke turk dks ctfj;k b'rgkj lwfpr fd;k tkrk gS fd oknh Jh jkds'k dqekj us

v/kksgLrk{kjh ds U;k;ky; esa ,d vkosnu izLrqr fd;k gS fd mlus viuk uke o tUe frfFk xzke iapk;r

fdj.k esa ntZ ugha djok j[kk gS vc oknh viuk uke o tUe frfFk xzke iapk;r fdj.k ds tUe iathdj.k

jftLVj esa ntZ djokuk pkgrk gS tks fd bl izdkj ls gS%&

uke iq= tUe frfFk

jkds'k dqekj yk;d jke

30&06&1992

blfy, xzke iapk;r fdj.k] rglhy pkSiky dh turk dks ctfj;k b'rgkj lwfpr fd;k tkrk gS

fd ;fn fdlh O;fDr dks mijksDr tUe iathdj.k ckjs dksbZ vkifŸk gks rks og fnukad 28&03&2016 dks ;k

blls iwoZ vlkyru ;k odkyr gkftj vnkyr vkdj viuh vkifŸk izLrqr djsa vU;Fkk vkosnu&i= ij

tUe iathdj.k vkns'k ikfjr djds vkxkeh dk;Zokgh gsrq lfpo xzke iapk;r fdj.k dks Hkst fn;k tk;sxkA

vkt fnukad 27&02&2016 dks esjs gLrk{kj o eksgj lfgr vnkyr ls tkjh fd;k x;kA

eksgjA

vfuy pkSgku]

mi&e.Mykf/kdkjh ¼uk0½]

pkSiky] ftyk f'keykA

&&&&&&&&&&

c vnkyr Jh vfuy pkSgku] mi&e.Mykf/kdkjh ¼uk0½ pkSiky] rglhy pkSiky]

ftyk f'keyk ¼fg0 iz0½

Jh jks'ku yky iq= Jh lksgu flag] xkao cVsoMh] ijxuk fiaMxzk] Mkd?kj dsnh] rglhy pkSiky]

ftyk f'keyk ¼fg0 iz0½

- - oknhA

cuke

¼1½ vke turk

¼2½ iz/kku] xzke iapk;r dsnh] rglhy pkSikyA

- - izfroknhA

fo"k;-&&oknh Jh jks'ku yky ds iq= dk uke o tUe frfFk xzke iapk;r dsnh ds tUe iathdj.k jftLVj

esa ntZ djok;s tkus ckjs] dh v/khu /kkjk 13¼3½ tUe ,oa e`R;q iathdj.k vf/kfu;e] 1969 ds

vUrxZrA

b'rgkj

gj [kkl o vke turk dks ctfj;k b'rgkj lwfpr fd;k tkrk gS fd oknh Jh jks'ku yky us

v/kksgLrk{kjh ds U;k;ky; esa ,d vkosnu izLrqr fd;k gS fd esjs csVs dk uke o tUe frfFk xzke iapk;r

dsnh ds tUe iathdj.k jftLVj esa ntZ ugha gSA vc oknh vius csVs dk uke o tUe frfFk iapk;r dsnh esa

ntZ djokuk pkgrk gS tks fd fuEu izdkj ls gS%&

uke lEcU/k tUe frfFk

lanhi dqekj

iq=

25&03&1990

blfy, xzke iapk;r dsnh] rglhy pkSiky dh turk dks ctfj;k b'rgkj lwfpr fd;k tkrk gS

fd fdlh O;fDr dks mijksDr tUe iathdj.k ckjs dksbZ vkifŸk gks rks fnukad 28&03&2016 dks ;k blls

8744

jkti=] fgekpy izns'k] 14 ekpZ] 2016@24 QkYxqu] 1937

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&&&&&&&&&&

In the Court of Shri Gian Sagar Negi, Sub-Divisional Magistrate, Shimla (R),

District Shimla (H. P.)

Shri Rikhu Ram s/o Shri Thakru Dass, r/o Village Ghishan Khad, Kiar Koti, P. O. Kiar

Koti, Tehsil & District Shimla, Himachal Pradesh.

Versus

General Public

.. Respondent.

Whereas Shri Rikhu Ram s/o Shri Thakru Dass, r/o Village Ghishan Khad, Kiar Koti, P. O.

Kiar Koti, Tehsil & District Shimla, Himachal Pradesh has filed an application along with affidavit

in the court of undersigned under Section 13(3) of the Births & Deaths Registration Act, 1969 to

enter date of birth of his son named—Mr. Piyush s/o Shri Rikhu Ram s/o Shri Thakru Dass, r/o

Village Ghishan Khad, Kiar Koti, P. O. Kiar Koti, Tehsil & District Shimla, Himachal Pradesh in

the record of Secy., Birth and Death, Municipal Corporation, Shimla.

Sl.

No.

Name of the family members

Relation

Date of birth

1.

Mr. Piyush

Son

20-02-2011

Hence, this proclamation is issued to the general public if they have any objection/claim

regarding entry of the date of birth of above named in the record of Municipal Corporation, Shimla

may file their claims/objections on or before one month of publication of this notice in Govt.

Gazette in this court, failing which necessary orders will be passed.

Issued today 10-03-2016 under my signature and seal of the court.

Seal.

Sd/-

Sub-Divisional Magistrate,

Shimla (R), District Shimla.

8745

jkti=] fgekpy izns'k] 14 ekpZ] 2016@24 QkYxqu] 1937

In the Court of Shri Gian Sagar Negi, Sub-Divisional Magistrate, Shimla (R),

District Shimla (H. P.)

Smt. Meena Kumari d/o Shri Geeta Ram, r/o Village Patti, P.O. Rajahana, Tehsil & District

Shimla, Himachal Pradesh.

Versus

General Public

.. Respondent.

Whereas Smt. Meena Kumari d/o Shri Geeta Ram, r/o Village Patti, P.O. Rajahana, Tehsil

& District Shimla, Himachal Pradesh has filed an application along with affidavit in the court of

undersigned under Section 13(3) of the Births & Deaths Registration Act, 1969 to enter date of

birth of her daughter named—Ms. Tejasvini d/o Smt. Meena Kumari d/o Shri Geeta Ram, r/o

Village Patti, P.O. Rajahana, Tehsil & District Shimla, Himachal Pradesh in the record of Secy.,

Birth and Death, Gram Panchayat Rajahana, Shimla.

Sl.

No.

Name of the family members

Relation

Date of birth

1.

Ms. Tejasvini

Daughter

16-12-2013

Hence, this proclamation is issued to the general public if they have any objection/claim

regarding entry of the name & date of birth of above named in the record of Gram Panchayat

Rajahana, Shimla may file their claims/objections on or before one month of publication of this

notice in Govt. Gazette in this court, failing which necessary orders will be passed.

Issued today 11-03-2016 under my signature and seal of the court.

Seal.

Sd/-

Sub-Divisional Magistrate,

Shimla (R), District Shimla.

__________

Before the court of Marriage Officer (S.D.M.) Paonta Sahib,

District Sirmaur, H. P.

NOTICE UNDER SECTION 16 OF SPECIAL MARRIAGE ACT

Whereas Shri Trilochan Singh s/o Shri Gurdyal Singh, r/o House No. 127/3, Ward No. 3,

Rajban Road, Taruwala, District Sirmaur (H.P.) and Kanwaldeep Kaur d/o Shri Balkar Singh, r/o

House No. 89/11 Gulab Colony, Taraori, District Karnal (HR.) have filed an application for the

registration of their marriage, which was solemnized on 13-04-2009 and they have living as

husband and wife ever since then.

Notices are given to all concerned ane General Public to this effect that if any body has got

any objection regarding the registration of marriage duly solemnized between above said Shri

Trilochan Singh s/o Shri Gurdyal Singh, r/o House No. 127/3, Ward No. 3, Rajban Road, Taruwala,

District Sirmaur (H.P.) and Kanwaldeep Kaur d/o Shri Balkar Singh, r/o House No. 89/11 Gulab

Colony, Taraori, District Karnal (HR.) they should file their written objections and should appear

8746

jkti=] fgekpy izns'k] 14 ekpZ] 2016@24 QkYxqu] 1937

personally or through their authorized agents before me within the period of thirty days from the

date of issue of this notices. After expiry of the said period, the marriage certificate would be issued

to the applicant by this court and later on no objection will be heard and accepted.

Seal.

Sd/-

Marriage Officer (S.D.M.),

Paonta Sahib, H.P..

_________

In the court of Shri H. S. Rana, H.A.S. Marriage Officer (SDM) Paonta Sahib,

District Sirmaur, Himachal Pradesh

NOTICE UNDER SECTION 16 OF SPECIAL MARRIAGE ACT, 1954

In the matter of

Shri Balbir Singh s/o Shri Mahinder Singh, r/o Village Amargarh Puruwala, Tehsil Paonta

Sahib, District Sirmaur, H.P. and Smt. Manju d/o Shri Sohan Singh, r/o Village Amargarh

Puruwala, Tehsil Paonta Sahib, District Sirmaur HP.

Versus

General Public

Whereas Shri Balbir Singh s/o Shri Mahinder Singh, r/o Village Amargarh Puruwala,

Tehsil Paonta Sahib, District Sirmaur, H.P. and Smt. Manju d/o Shri Sohan Singh, r/o Village

Amargarh Puruwala, Tehsil Paonta Sahib, District Sirmaur, H.P. have filed an application for

registration of their marriage solemnized on 04-01-2016 they have been living as husband and wife

ever since then. Notices are given to all concerned and General Public to this effect that if anybody

has any objection regarding the registration of marriage duly solemnized on 04-01-2016 Shri Balbir

Singh s/o Shri Mahinder Singh, r/o Village Amargarh Puruwala, Tehsil Paonta Sahib, District

Sirmaur, H.P. and Smt. Manju d/o Shri Sohan Singh, r/o Village Amargarh Puruwala, Tehsil

Paonta Sahib, District Sirmaur HP. he should file written objections and appear personally before

this court within 30 days from the date of issue of this notice. After expiry of the said period, the

marriage certificate would be issued to the applicants by this court. Issued under my hand and

office seal on dated 03-03-2016.

Seal.

(HARI SINGH RANA) HAS,

Marriage Officer-cum-Sub-Divisional Magistrate,

Paonta Sahib, District Sirmaur.

____________

In the court of Shri H. S. Rana, H.A.S. Marriage Officer (SDM) Paonta Sahib,

District Sirmaur, Himachal Pradesh

NOTICE UNDER SECTION 16 OF SPECIAL MARRIAGE ACT, 1954

In the matter of

Shri Dhirendra Singh s/o Shri Nar Bahadur, r/o Village Bias, P.O. Kotri Bias, Tehsil Paonta

Sahib, District Sirmaur, H.P. and Smt. Jully Bam d/o Shri Sirmour Singh Bam, r/o Jamniwala

Road, Village Kotri Bias, Tehsil Paonta Sahib, District Sirmaur, H.P.

8747

jkti=] fgekpy izns'k] 14 ekpZ] 2016@24 QkYxqu] 1937

Versus

General Public

Whereas Shri Dhirendra Singh s/o Shri Nar Bahadur, r/o Village Bias, P.O. Kotri Bias,

Tehsil Paonta Sahib, District Sirmaur, H.P. and Smt. Jully Bam d/o Shri Sirmour Singh Bam, r/o

Jamniwala Road, Village Kotri Bias, Tehsil Paonta Sahib, District Sirmaur, H.P. have filed an

application for registration of their marriage solemnized on 11-03-2012 and they have been living

as husband and wife ever since then. Notices are given to all concerned and General Public to this

effect that if anybody has any objection regarding the registration of marriage duly solemnized on

11-03-2012 Shri Dhirendra Singh s/o Shri Nar Bahadur, r/o Village Bias, P.O. Kotri Bias, Tehsil

Paonta Sahib, District Sirmaur, H.P. and Smt. Jully Bam d/o Shri Sirmour Singh Bam, r/o

Jamniwala Road, Village Kotri Bias, Tehsil Paonta Sahib, District Sirmaur, H.P. he should file

written objections and appear personally before this court within 30 days from the date of issue of

this notice. After expiry of the said period, the marriage certificate would be issued to the

applicants by this court. Issued under my hand and office seal on dated 03-03-2016.

Seal.

(HARI SINGH RANA) HAS,

Marriage Officer-cum-Sub-Divisional Magistrate,

Paonta Sahib, District Sirmaur.

____________

In the court of Shri H. S. Rana, H.A.S. Marriage Officer (SDM) Paonta Sahib,

District Sirmaur, Himachal Pradesh

NOTICE UNDER SECTION 16 OF SPECIAL MARRIAGE ACT, 1954

In the matter of

Shri Nitesh Kumar s/o Shri Rattan Lal, r/o Village Kanfara, Tehsil Naina, District Bilaspur,

H.P., presently Badripur, Tehsil Paonta Sahib, District Sirmaur H.P. and Smt. Mamta Devi d/o

Shri Ram Sarup, r/o VPO Chandiani Khurad, Tehsil Balachasaur, District SBS Nagar Panjab.

Versus

General Public

Whereas Shri Nitesh Kumar s/o Shri Rattan Lal, r/o Village Kanfara, Tehsil Naina, District

Bilaspur, H.P., presently Badripur, Tehsil Paonta Sahib, District Sirmaur H.P. and Smt. Mamta

Devi d/o Shri Ram Sarup, r/o VPO Chandiani Khurad, Tehsil Balachasaur, District SBS Nagar

Panjab have filed an application for registration of their marriage solemnized on 29-01-2016 and

they have been living as husband and wife ever since then. Notices are given to all concerned and

General Public to this effect that if anybody has any objection regarding the registration of

marriage duly solemnized on 29-01-2016 Shri Nitesh Kumar s/o Shri Rattan Lal, r/o Village

Kanfara, Tehsil Naina, District Bilaspur, H.P., presently Badripur, Tehsil Paonta Sahib, District

Sirmaur H.P. and Smt. Mamta Devi d/o Ram Sarup, r/o VPO Chandiani Khurad, Tehsil

Balachasaur, District SBS Nagar Panjab he should file written objections and appear personally

before this court within 30 days from the date of issue of this notice. After expiry of the said period,

the marriage certificate would be issued to the applicants by this court. Issued under my hand and

office seal on dated 03-03-2016.

Seal.

HARI SINGH RANA (HAS),

Marriage Officer-cum-Sub-Divisional Magistrate,

Paonta Sahib, District Sirmaur.

8748

jkti=] fgekpy izns'k] 14 ekpZ] 2016@24 QkYxqu] 1937

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8749

jkti=] fgekpy izns'k] 14 ekpZ] 2016@24 QkYxqu] 1937

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&&&&&&&&&&&

CHANGE OF NAME

I, Sharda Devi w/o Ex-Service No. 606189 SGT, Swarn Singh Katoch V.P.O. Maranda,

Tehsil Palampur, District Kangra (H.P.) declare that in my husband's service record my name

Sharda Kumari Katoch is wrongly entered. The correct name is Sharda Devi. All concern note.

SHARDA DEVI,

w/o Swarn Singh Katoch, VPO Maranda,

Tehsil Palampur, District Kangra (H.P.).

8750

jkti=] fgekpy izns'k] 14 ekpZ] 2016@24 QkYxqu] 1937

fu;U=d] eqnz.k rFkk ys[ku lkexzh] fgekpy izns'k] f'keyk&5 }kjk eqfnzr rFkk izdkf'kr

bysDVªkWfud gLrk{kfjr jkti=] oSclkbV http://rajpatrahimachal.nic.in ij miyC/k gS ,oe~ vkWuykbu lR;kfir fd;k tk ldrk gS