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1558
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&&&&&&&
LABOUR & EMPLOYMENT DEPARTMENT
NOTIFICATION
Shimla-171001, the 21st December, 2016
No.:11-23/84(Lab)ID/2016/Mandi.—It appears to the undersigned that an industrial
dispute exists between Shri Dharam Pal S/O Shri Bhagat Ram, R/O Village Anubalh, P.O. Behli,
Sub Tehsil Nihri, District Mandi, H.P. and the Divisional Forest Officer, Suket Forest Division,
Sunder Nagar, District Mandi, H.P. on the issue of alleged termination from services during
February, 2011.
As per the report under section 12(4) of the Industrial Disputes Act, 1947 submitted by the
Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but
could not succeed. The report so received has been considered by the undersigned and as per power
vested under sub section-5 of Section-12 of the Act ibid, the undersigned has decided that this
dispute is required to be legally adjudicated by the Labour Court/ Industrial Tribunal.
Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal
Pradesh vide Notification No.: Shram (A) 4-9/2006-IV-Loose, Dated 15th February, 2014 and as
per power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of
1947) this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamshala,
constituted under Section-7 of Act ibid, on the following issue/ issues for legal adjudication:—
“Whether termination of services of Shri Dharam Pal S/O Shri Bhagat Ram, R/O Village
Anubalh, P.O. Behli, Sub Tehsil Nihri, District Mandi, H.P. during February, 2011 by the
1559
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Divisional Forest Officer, Suket Forest Division, Sunder Nagar, District Mandi, H.P.,
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?”
By order,
Sd/-
Deputy Labour Commissioner,
Himachal Pradesh.
__________
LABOUR & EMPLOYMENT DEPARTMENT
NOTIFICATION
Shimla-171001, the 22nd December, 2016
No.11-5/93(Lab)ID/2013/Chamba.—Whereas Ms. Guhli Devi D/O Shri Mohan Lal, R/O
Village Udaini, P.O. Luj, Tehsil Pangi, District Chamba, H.P. had raised a demand notice dated
02-01-2012 regarding her illegal termination from the services by the Executive Engineer, Killar
Division, H.P.PW.D./I.&P.H., Killar (Pangi), District Chamba, H.P. The Labour Officercum-
Conciliation Officer Chamba Zone, District Chamba, H.P. tried to settle the industrial dispute
amicably, but the same could not be settled during the course of conciliation proceedings, where
after he has sent a report under Section 12(4) of the Industrial Disputes Act, 1947 to the Labour
Commissioner, Himachal Pradesh;
And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Chamba
Zone, Chamba was considered, examined and the Labour Commissioner, Himachal Pradesh as
appropriate Government came to the conclusion that above worker had raised the dispute at a
belated stage of more than 11 years and therefore declined the reference of the dispute vide order
dated 27-06-2013;
And whereas Ms. Guhli Devi D/O Shri Mohan Lal agitated the above orders of declining of
reference of her industrial dispute to the Ld. Labour Court before the Hon’ble High Court of
Himachal Pradesh vide CWP No. 1222/2016. The Hon’ble High Court of Himachal Pradesh has
disposed off the CWP on dated 13-06-2016 and directed the respondents to consider the case of the
petitioners, in terms of the judgment dated 30th December, 2014, delivered by the Hon’ble High
Court in C.W.P. No. 9467 of 2014, titled as Pratap Chand Versus Himachal Pradesh State
Electricity Board and others. The operative part of the said judgment is reproduced as follows:-
“3. In the given circumstances, we deem it proper to direct the respondents to consider the
case of the petitioners, in terms of the judgment (supra), and make a decision within eight
weeks. The said judgment shall form part of this judgment also.
4. The writ petitions are disposed of accordingly, alongwith pending applications, if any.”
Therefore in view of above the undersigned while exercising the powers vested by the
Government of Himachal Pradesh vide Notification No.: Shram (A) 4-9/2006-IV-Loose, Dated
15th February, 2014 and as per power vested under Sub Section-1 of Section-10 of the Industrial
Disputes Act, 1947 (14 of 1947) this industrial dispute is referred to the Labour Court/Industrial
1560
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Tribunal Dharamshala, constituted under Section-7 of Act ibid, on the following issue/issues for
legal adjudication:—
“Whether the alleged termination of services of Ms. Guhli Devi D/O Shri Mohan Lal, R/O Village
Udaini, P.O. Luj, Tehsil Pangi, District Chamba, H.P. during October, 2000 by the Executive
Engineer, Killar Division, H.P.PW.D./I.&P.H., Killar (Pangi), District Chamba, H.P. who had
worked on daily wages as beldar and has raised her industrial dispute after more than 11 years vide
demand notice dated 02-01-2012, without complying with the provisions of the Industrial Disputes
Act, 1947, is legal and justified? If not, keeping in view delay of more than 11 years in raising the
industrial dispute, what amount of back wages, seniority, past service benefits and compensation
the above ex-worker is entitled to from the above employer/management?”
By order,
Sd/-
Deputy Labour Commissioner,
Himachal Pradesh.
__________
LABOUR & EMPLOYMENT DEPARTMENT
NOTIFICATION
Shimla-171001, the 22nd December, 2016
No.11-5/93(Lab)ID/2013/Chamba.—Whereas Shri Hari Nath S/O Shri Ram Lal, R/O
Village Tatan, P.O. Karyas, Tehsil Pangi, District Chamba, H.P. had raised a demand notice dated
30-12-2011 regarding his illegal termination from the services by the Executive Engineer, Killar
Division, H.P.PW.D./I.&P.H., Killar (Pangi), District Chamba, H.P. The Labour Officercum-
Conciliation Officer Chamba Zone, District Chamba, H.P. tried to settle the industrial dispute
amicably, but the same could not be settled during the course of conciliation proceedings, where
after he has sent a report under Section 12(4) of the Industrial Disputes Act, 1947 to the Labour
Commissioner, Himachal Pradesh;
And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Chamba
Zone, Chamba was considered, examined and the Labour Commissioner, Himachal Pradesh as
appropriate Government came to the conclusion that above worker had raised the dispute at a
belated stage of more than 07 years and therefore declined the reference of the dispute vide order
dated 05-06-2013;
And whereas Shri Hari Nath S/O Shri Ram Lal agitated the above orders of declining of
reference of his industrial dispute to the Ld. Labour Court before the Hon’ble High Court of
Himachal Pradesh vide CWP No. 1222/2016. The Hon’ble High Court of Himachal Pradesh has
disposed off the CWP on dated 13-06-2016 and directed the respondents to consider the case of the
petitioners, in terms of the judgment dated 30th December, 2014, delivered by the Hon’ble High
Court in C.W.P. No. 9467 of 2014, titled as Pratap Chand Versus Himachal Pradesh State
Electricity Board and others. The operative part of the said judgment is reproduced as follows:—
“3. In the given circumstances, we deem it proper to direct the respondents to consider the
case of the petitioners, in terms of the judgment (supra), and make a decision within eight
weeks. The said judgment shall form part of this judgment also.
4. The writ petitions are disposed of accordingly, alongwith pending applications, if
any.”
1561
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Therefore in view of above the undersigned while exercising the powers vested by the
Government of Himachal Pradesh vide Notification No.: Shram (A) 4-9/2006-IV-Loose, Dated
15th February, 2014 and as per power vested under Sub Section-1 of Section-10 of the Industrial
Disputes Act, 1947 (14 of 1947) this industrial dispute is referred to the Labour Court/Industrial
Tribunal Dharamshala, constituted under Section-7 of Act ibid, on the following issue/issues for
legal adjudication:—
“Whether the alleged termination of services of Shri Hari Nath S/O Shri Ram Lal, R/O
Village Tatan, P.O. Karyas, Tehsil Pangi, District Chamba, H.P. during October, 2004 by
the Executive Engineer, Killar Division, H.P.PW.D./I.&P.H., Killar (Pangi), District
Chamba, H.P. who had worked on daily wages as beldar and has raised his industrial
dispute after more than 7 years vide demand notice dated 30-12-2011, without complying
with the provisions of the Industrial Disputes Act, 1947, is legal and justified? If not,
keeping in view delay of more than 7 years in raising the industrial dispute, what amount of
back wages, seniority, past service benefits and compensation the above ex-worker is
entitled to from the above employer/management?”
By order,
Sd/-
Deputy Labour Commissioner,
Himachal Pradesh.
__________
LABOUR & EMPLOYMENT DEPARTMENT
NOTIFICATION
Shimla-171001, the 30th December, 2016
No.:11-1/18(Lab)ID/2016/Sunder
Nagar.—Whereas
the
Labour
Inspector-cum-
Conciliation Officer, Sunder Nagar, District Mandi has submitted a report as provided under
Section-12(4) of the Industrial Disputes Act, 1947 stating that there was an alleged industrial
dispute in between Shri Haria Ram S/O Shri Jogal Ram, R/O Village Kyan, P.O. Khurahal, Tehsil
Sunder Nagar, District Mandi, H.P. and the Divisional Forest Officer, Suket Forest Division,
Sunder Nagar, District Mandi, H.P. as per demand notice dated 14-05-2015 submitted by the said
ex-worker regarding his alleged termination of services.
Whereas, the Labour Inspector-cum-Conciliation Officer, has incorporated in the report that
during the course of conciliation proceedings for the purpose of bringing about a legal and
amicable settlement, all matters affecting the settlement were investigated and has made all efforts
for the purpose of inducing the parties to come to legal, fair and amicable settlement of the said
dispute. However, no such settlement could be arrived at in between the parties to the industrial
dispute.
Whereas, undersigned while exercising the power vested as provided under sub- section-5
of Section-12 of the Act ibid carefully examined the report and come to the conclusion that above
ex-worker had raised the dispute of alleged illegal termination from the services during year, 1998
before the above employer after delay of about 17 years.
Therefore, in view of the above facts and circumstances, the undersigned while exercising
the powers vested by the Govt. of Himachal Pradesh vide Notification No.: Shram (A) 4-9/2006-
1562
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IV-Loose, Dated 15th February, 2014 and as provided in Sub Section-1 of Section-10 of the
Industrial Disputes Act, 1947 (14 of 1947) and keeping in view the latest judgments of the Hon’ble
High Court of Himachal Pradesh, Shimla about the declining the references to the Labour Court for
adjudication, formed an opinion to refer this dispute to the Labour Court/Industrial Tribunal
Dharamshala, constituted under Section-7 of Act ibid, for legal adjudication on following
issue/issues:—
“Whether alleged termination of the services of Shri Haria Ram S/O Shri Jogal Ram, R/O
Village Kyan, P.O. Khurahal, Tehsil Sunder Nagar, District Mandi, H.P. during year, 1998
by the Divisional Forest Officer, Suket Forest Division, Sunder Nagar, District Mandi, H.P.
who has worked as beldar on daily wages basis and has raised his industrial dispute vide
demand notice dated 14-05-2015 after delay of about 17 years, without complying with the
provisions of the Industrial Disputes Act, 1947 is legal and justified? If not, keeping in view
of working period and delay of about 17 years in raising the industrial dispute, what amount
of back wages, seniority, past service benefits and compensation the above ex-worker is
entitled to from the above employer/ management? ”
By order,
Sd/-
Deputy Labour Commissioner,
Himachal Pradesh.
__________
LABOUR & EMPLOYMENT DEPARTMENT
NOTIFICATION
Shimla-171001, the 20th December, 2016
No.11-23/84(Lab)ID/2016/Mandi.—Whereas
the
Labour
Officer-cum-Conciliation
Officer, Mandi has submitted a report as provided under Section-12(4) of the Industrial Disputes
Act, 1947 stating that there was an alleged industrial dispute in between Smt. Jai Devi W/O Shri
Gurdas, R/O V.P.O. Sari, Sub Tehsil Dharampur, District Mandi, H.P. and (i) the Engineer-in-
Chief, H.P.P.W.D. Nirman Bhawan, Shimla, District Shimla, H.P. (ii)the Executive Engineer,
H.P.P.W.D., Division Dharampur, District Mandi, H.P. as per demand notice dated 07-06-2015
submitted by the said ex-worker regarding her alleged termination of services.
Whereas, the Labour Officer-cum-Conciliation Officer, has incorporated in the report that
during the course of conciliation proceedings for the purpose of bringing about a legal and
amicable settlement, all matters affecting the settlement were investigated and has made all efforts
for the purpose of inducing the parties to come to legal, fair and amicable settlement of the said
dispute. However, no such settlement could be arrived at in between the parties to the industrial
dispute.
Whereas, undersigned while exercising the power vested as provided under sub- section-5
of Section-12 of the Act ibid carefully examined the report and come to the conclusion that above
ex-worker had raised the dispute of alleged illegal termination from the services during August,
1999 before the above employer after delay of more than 15 years.
Therefore, in view of the above facts and circumstances, the undersigned while exercising
the powers vested by the Govt. of Himachal Pradesh vide Notification No.: Shram (A) 4-9/2006-
IV-Loose, Dated 15th February, 2014 and as provided in Sub Section-1 of Section-10 of the
1563
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Industrial Disputes Act, 1947 (14 of 1947) and keeping in view the latest judgments of the Hon’ble
High Court of Himachal Pradesh, Shimla about the declining the references to the Labour Court for
adjudication, formed an opinion to refer this dispute to the Labour Court/Industrial Tribunal
Dharamshala, constituted under Section-7 of Act ibid, for legal adjudication on following
issue/issues:—
“Whether alleged termination of the services of Smt. Jai Devi W/O Shri Gurdas, R/O
V.P.O. Sari, Sub Tehsil Dharampur, District Mandi, H.P. during August, 1999 by (i) the
Engineer-in-Chief, H.P.P.W.D. Nirman Bhawan, Shimla, District Shimla, H.P. (ii) the
Executive Engineer, H.P.P.W.D., Division Dharampur, District Mandi, H.P. who has
worked as beldar on daily wages basis and has raised her industrial dispute vide demand
notice dated 07-06-2015 after delay of more than 15 years, without complying with the
provisions of the Industrial Disputes Act, 1947 is legal and justified? If not, keeping in view
of working period and delay of more than 15 years in raising the industrial dispute, what
amount of back wages, seniority, past service benefits and compensation the above ex-
worker is entitled to from the above employer/management? ”
By order,
Sd/-
Deputy Labour Commissioner,
Himachal Pradesh.
__________
LABOUR & EMPLOYMENT DEPARTMENT
NOTIFICATION
Shimla-171001, the 5th April, 2017
No.: 11-23/84(Lab)ID/2017/Una.—It appears to the undersigned that an industrial dispute
exists between Shri Jarnail Singh, S/O Shri Kishan Singh, R/O V.P.O. Bangarh, District Una, H.P.
and the General Manager, M/S Industrial Engineering Corporation, 51-B, Industrial Area,
Mehatpur, Tehsil & District Una, H.P. on the issue of alleged termination of his daily wages
services w.e.f. 24-06-2015.
As per the report under section 12(4) of the Industrial Disputes Act, 1947 submitted by the
Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but
could not succeed. The report so received has been considered by the undersigned and as per power
vested under sub section-5 of Section-12 of the Act ibid, the undersigned has decided that this
dispute is required to be legally adjudicated by the Labour Court/ Industrial Tribunal.
Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal
Pradesh vide Notification No.: Shram (A) 4-9/2006-IV-Loose, Dated 15th February, 2014 and as
per power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of
1947) this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamshala,
constituted under Section-7 of Act ibid, on the following issue/ issues for legal adjudication:—
“Whether termination of the services of Shri Jarnail Singh, S/O Shri Kishan Singh, R/O
V.P.O. Bangarh, District Una, H.P. w.e.f. 24-06-2015 by the General Manager, M/S
Industrial Engineering Corporation, 51-B, Industrial Area, Mehatpur, Tehsil & District Una,
H.P., without complying with the provisions of the Industrial Disputes Act, 1947, is legal
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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/management?”
By order,
Sd/-
Deputy Labour Commissioner,
Himachal Pradesh.
__________
LABOUR & EMPLOYMENT DEPARTMENT
NOTIFICATION
Shimla-171001, the 22nd December, 2016
No.:11-5/93(Lab)ID/2013/Chamba.—Whereas Smt. Jaywanti W/O Shri Janak Raj, R/O
Village Kuthal, P.O. Dharwas, Tehsil Pangi, District Chamba, H.P. had raised a demand notice
dated 08-12-2011 regarding her illegal termination from the services by the Executive Engineer,
Killar Division, H.P.PW.D./I.&P.H., Killar (Pangi), District Chamba, H.P. The Labour Officercum-
Conciliation Officer Chamba Zone, District Chamba, H.P. tried to settle the industrial dispute
amicably, but the same could not be settled during the course of conciliation proceedings, where
after he has sent a report under Section 12(4) of the Industrial Disputes Act, 1947 to the Labour
Commissioner, Himachal Pradesh;
And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Chamba
Zone, Chamba was considered, examined and the Labour Commissioner, Himachal Pradesh as
appropriate Government came to the conclusion that above worker had raised the dispute at a
belated stage of more than 7 years and therefore declined the reference of the dispute vide order
dated 08-01-2016;
And whereas Smt. Jaywanti W/O Shri Janak Raj agitated the above orders of declining of
reference of her industrial dispute to the Ld. Labour Court before the Hon’ble High Court of
Himachal Pradesh vide CWP No. 1222/2016. The Hon’ble High Court of Himachal Pradesh has
disposed off the CWP on dated 13-06-2016 and directed the respondents to consider the case of the
petitioners, in terms of the judgment dated 30th December, 2014, delivered by the Hon’ble High
Court in C.W.P. No. 9467 of 2014, titled as Pratap Chand Versus Himachal Pradesh State
Electricity Board and others. The operative part of the said judgment is reproduced as follows:—
“3. In the given circumstances, we deem it proper to direct the respondents to consider the
case of the petitioners, in terms of the judgment (supra), and make a decision within eight
weeks. The said judgment shall form part of this judgment also.
4. The writ petitions are disposed of accordingly, alongwith pending applications, if any.”
Therefore in view of above the undersigned while exercising the powers vested by the
Government of Himachal Pradesh vide Notification No.: Shram (A) 4-9/2006-IV-Loose, Dated
15th February, 2014 and as per power vested under Sub Section-1 of Section-10 of the Industrial
Disputes Act, 1947 (14 of 1947) this industrial dispute is referred to the Labour Court/Industrial
Tribunal Dharamshala, constituted under Section-7 of Act ibid, on the following issue/issues for
legal adjudication:—
“Whether the alleged termination of services of Smt. Jaywanti W/O Shri Janak Raj, R/O
Village Kuthal, P.O. Dharwas, Tehsil Pangi, District Chamba, H.P. during September, 2004
1565
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by the Executive Engineer, Killar Division, H.P.PW.D./I.&P.H., Killar (Pangi), District
Chamba, H.P. who had worked on daily wages as beldar and has raised her industrial
dispute after more than 7 years vide demand notice dated 08-12-2011, without complying
with the provisions of the Industrial Disputes Act, 1947, is legal and justified? If not,
keeping in view delay of more than 7 years in raising the industrial dispute, what amount of
back wages, seniority, past service benefits and compensation the above ex-worker is
entitled to from the above employer/management?”
By order,
Sd/-
Deputy Labour Commissioner,
Himachal Pradesh.
__________
LABOUR & EMPLOYMENT DEPARTMENT
NOTIFICATION
Shimla-171001, the 22nd December, 2016
No.:11-1/85(Lab)ID/2016/Kangra.—Whereas Shri Joginder Singh S/O Shri Hari Singh,
R/O Village Lunder, P.O. Khel, Tehsil Nurpur, District Kangra, H.P. had raised a demand notice
dated nil received in Labour Office Kangra at Dharamshala on 13-06-2011 regarding his illegal
termination from the services by (i) the Executive Engineer, H.P.P.W.D., Division Nurpur, District
Kangra, H.P. (ii) the Executive Engineer, H.P.P.W.D., Division Jawali, District Kangra, H.P.The
Labour Officer-cum-Conciliation Officer Kangra at Dharamshala, District Kangra, H.P. tried to
settle the industrial dispute amicably, but the same could not be settled during the course of
conciliation proceedings, where after he has sent a report under Section 12(4) of the Industrial
Disputes Act, 1947 to the Labour Commissioner, Himachal Pradesh;
And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Kangra at
Dharamshala was considered, examined and the Labour Commissioner, Himachal Pradesh as
appropriate Government came to the conclusion that above worker had raised the dispute at a
belated stage of more than 23 years and therefore declined the reference of the dispute vide order
dated 31-08-2013;
And whereas Shri Joginder Singh S/O Shri Hari Singh agitated the above orders of
declining of reference of his industrial dispute to the Ld. Labour Court before the Hon’ble High
Court of Himachal Pradesh vide CWP No. 464/2016. The Hon’ble High Court of Himachal
Pradesh has disposed off the CWP on dated 15-03-2016 and directed the respondents to consider
the case of the petitioners, in terms of the judgment titled Raghubir Singh versus General Manager,
Haryana Roadways, Hissar, reported in 2014 AIR SCW 5515, and the same has been relied upon
by the Division Benches of this Court in CWP No. 6687 of 2014, decided on 24-09-2014. The
operative part of the said judgment is reproduced as follows:—
“3. In the given circumstances, we deem it proper to quash the impugned order in the writ
petition and direct the Labour Commissioner, H.P. to make reference to the Industrial
Tribunal-cum-Labour Court within six weeks from today. Ordered accordingly. The writ
petition is diposed of, as indicated hereinabove, along with all pending applications,if any.”
1566
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Therefore in view of above the undersigned while exercising the powers vested by the
Government of Himachal Pradesh vide Notification No.: Shram (A) 4-9/2006-IV-Loose, Dated
15th February, 2014 and as per power vested under Sub Section-1 of Section-10 of the Industrial
Disputes Act, 1947 (14 of 1947) this industrial dispute is referred to the Labour Court/Industrial
Tribunal Dharamshala, constituted under Section-7 of Act ibid, on the following issue/issues for
legal adjudication:—
“Whether the alleged termination of services of Shri Joginder Singh S/O Shri Hari Singh,
R/O Village Lunder, P.O. Khel, Tehsil Nurpur, District Kangra, H.P. during August, 1987
by (i) the Executive Engineer, H.P.P.W.D., Division Nurpur, District Kangra, H.P. (ii) the
Executive Engineer, H.P.P.W.D., Division Jawali, District Kangra, H.P., who had worked
on daily wages as beldar and has raised his industrial dispute after more than 23 years vide
demand notice dated nil received in the Labour Office Kangra at Dharamshala on
13-06-2011, without complying with the provisions of the Industrial Disputes Act, 1947, is
legal and justified? If not, keeping in view delay of more than 23 years in raising the
industrial dispute, what amount of back wages, seniority, past service benefits and
compensation the above ex-worker is entitled to from the above employers/ management?”
By order,
Sd/-
Deputy Labour Commissioner,
Himachal Pradesh.
__________
LABOUR & EMPLOYMENT DEPARTMENT
NOTIFICATION
Shimla-171001, the 20th December, 2016
No.:11-23/84(Lab)ID/2016/Mandi.—Whereas
the
Labour
Officer-cum-Conciliation
Officer, Mandi has submitted a report as provided under Section-12(4) of the Industrial Disputes
Act, 1947 stating that there was an alleged industrial dispute in between Smt. Kambli Devi W/O
Shri Bhagi Ram, R/O Village Chah, P.O. Mandap, Tehsil Sarkaghat, District Mandi, H.P. and (i)
the Engineer-in-Chief, H.P.P.W.D. Nirman Bhawan, Shimla, District Shimla, H.P. (ii)the Executive
Engineer, H.P.P.W.D., Division Dharampur, District Mandi, H.P. as per demand notice dated nil
received in the Labour Office Mandi on 10-03-2015 submitted by the said ex-worker regarding her
alleged termination of services.
Whereas, the Labour Officer-cum-Conciliation Officer, has incorporated in the report that
during the course of conciliation proceedings for the purpose of bringing about a legal and
amicable settlement, all matters affecting the settlement were investigated and has made all efforts
for the purpose of inducing the parties to come to legal, fair and amicable settlement of the said
dispute. However, no such settlement could be arrived at in between the parties to the industrial
dispute.
Whereas, undersigned while exercising the power vested as provided under sub- section-5
of Section-12 of the Act ibid carefully examined the report and come to the conclusion that above
ex-worker had raised the dispute of alleged illegal termination from the services w.e.f. 01-10-1999
before the above employer after delay of more than 15 years.
1567
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Therefore, in view of the above facts and circumstances, the undersigned while exercising
the powers vested by the Govt. of Himachal Pradesh vide Notification No.: Shram (A) 4-9/2006-
IV-Loose, Dated 15th February, 2014 and as provided in Sub Section-1 of Section-10 of the
Industrial Disputes Act, 1947 (14 of 1947) and keeping in view the latest judgments of the Hon’ble
High Court of Himachal Pradesh, Shimla about the declining the references to the Labour Court for
adjudication, formed an opinion to refer this dispute to the Labour Court/Industrial Tribunal
Dharamshala, constituted under Section-7 of Act ibid, for legal adjudication on following
issue/issues:—
“Whether alleged termination of the services of Smt. Kambli Devi W/O Shri Bhagi Ram,
R/O Village Chah, P.O. Mandap, Tehsil Sarkaghat, District Mandi, H.P. w.e.f. 01-10-1999 by (i)
the Engineer-in-Chief, H.P.P.W.D. Nirman Bhawan, Shimla, District Shimla, H.P. (ii) the
Executive Engineer, H.P.P.W.D., Division Dharampur, District Mandi, H.P. who has worked as
beldar on daily wages basis and has raised her industrial dispute vide demand notice dated nil
received in the Labour Office Mandi on 10-03-2015 after delay of more than 15 years, without
complying with the provisions of the Industrial Disputes Act, 1947 is legal and justified? If not,
keeping in view of working period and delay of more than 15 years in raising the industrial dispute,
what amount of back wages, seniority, past service benefits and compensation the above ex-worker
is entitled to from the above employer/management? ”
By order,
Sd/-
Deputy Labour Commissioner,
Himachal Pradesh.
__________
LABOUR & EMPLOYMENT DEPARTMENT
NOTIFICATION
Shimla-171001, the 31st December, 2016
No.:11-23/84(Lab)ID/2016/Mandi.—It appears to the undersigned that an industrial
dispute exists between Smt. Kashalaya Devi W/O Shri Kamlesh Kumar, R/O Village Tarjhun, P.O.
Majhar Kelodhar, Tehsil Chachyot, District Mandi, H.P. and the Divisional Forest Officer, Nachan
Forest Division at Gohar, District Mandi, H.P. on the issue of alleged termination of her services
during September, 2015.
As per the report under section 12(4) of the Industrial Disputes Act, 1947 submitted by the
Conciliation Officer, he tried his level best to settle the dispute during conciliation proceedings but
could not succeed. The report so received has been considered by the undersigned and as per power
vested under sub section-5 of Section-12 of the Act ibid, the undersigned has decided that this
dispute is required to be legally adjudicated by the Labour Court/ Industrial Tribunal.
Therefore, the undersigned while exercising the powers vested by the Govt. of Himachal
Pradesh vide Notification No.: Shram (A) 4-9/2006-IV-Loose, Dated 15th February, 2014 and as
per power vested under Sub Section-1 of Section 10 of The Industrial Disputes Act, 1947 (14 of
1947) this industrial dispute is referred to the Labour Court/Industrial Tribunal Dharamshala,
constituted under Section-7 of Act ibid, on the following issue/ issues for legal adjudication:—
“Whether termination of services of Smt. Kashalaya Devi W/O Shri Kamlesh Kumar, R/O
Village Tarjhun, P.O. Majhar Kelodhar, Tehsil Chachyot, District Mandi, H.P. during
1568
jkti=] fgekpy izns'k] 1 twu] 2017@11 T;s"B] 1939
September, 2015 by the Divisional Forest Officer, Nachan Forest Division at Gohar,
District Mandi, H.P., 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?”
By order,
Sd/-
Deputy Labour Commissioner,
Himachal Pradesh.
__________
flapkbZ ,oa tuLokLF; foHkkx
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bl foHkkx dh vf/klwpuk la[;k% vkbZ0ih0,p0&,&¼3½&13@94 rkjh[k 02@04@1997 }kjk vf/klwfpr
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izksUufr fu;e] 1997 esa vkSj la'kks/ku djus ds fy, fuEufyf[kr fu;e cukrs gSa] vFkkZr~ %&&
1- Lakf{kIr uke vkSj izkjEHk-&&¼1½ bu fu;eksa dk laf{kIr uke fgekpy izns'k flapkbZ ,oa
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vfHk;Urk ¼flfoy½] oxZ&I ¼jktif=r½] HkrhZ ,oe~ izksUufr fu;e] 1997 ds mikca/k ^^d** esa %&&
¼1½ LrEHk la[;k% 2 ds lkeus fo|eku micU/k ds LFkku ij fuEufyf[r j[kk tk,xk] vFkkZr~ %
^^80 ¼vLlh½**. (
¼2½ LrEHk la[;k% 4 ds lkeus fo|eku micU/k ds LFkku ij fuEufyf[r j[kk tk,xk] vFkkZr~ %&&
^^15]600&39]100 #i, $ 7600 ¼xzsM is½**(
¼3½ LrEHk la[;k% 10 ds fo|eku 'kh"kZd ds LFkku ij fuEufyf[r j[kk tk,xk] vFkkZr~%&&
HkrhZ dh i)fr( HkrhZ lh/kh gksxh ;k izksUufr] [email protected] }kjk vkSj fofHkUu
i)fr;ksa }kjk Hkjs tkus okys in¼inksa½ dh izfr'krrkA ** ( vkSj %
1569
jkti=] fgekpy izns'k] 1 twu] 2017@11 T;s"B] 1939
¼4½ LrEHk la[;k% 11 ds lkeus micU/kksa esa Þ31&3&1998 rdÞ vad vkSj 'kCn tgka dgha Hkh vkrs
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&&&&&&&
[Authoritative English text of this Department Notification No. IPH-A-A(3)-1/2017, dated
31-5-2017 as required under clause (3) of article 348 of the Constitution of India].
IRRIGATION AND PUBLIC HEALTH DEPARTMENT
NOTIFICATION
Shimla-2, the 31st May, 2017
No. IPH-A-A (3)-1/2017.—In exercise of the powers conferred by proviso to article 309 of
the Constitution of India, the Governor, Himachal Pradesh, in consultation with the Himachal
Pradesh Public Service Commission, is pleased to make the following rules further to amend the
Himachal Pradesh Department of Irrigation and Public Health Executive Engineer (Civil), Class-I
(Gazetted), Recruitment and Promotion Rules, 1997 notified vide this Department Notification No.
IPH-A (3)-13/94, dated 2-4-1997, namely :—
1.
Short title and commencement.—(1) These rules may be called Himachal Pradesh,
Irrigation and Public Health Department, Executive Engineer (Civil) (Class-I-Gazetted)
Recruitment and Promotion (Third Amendment) Rules, 2017.
(2) These rules shall come into force from the date of publication in Rajpatra, Himachal
Pradesh.
2.
Amendment of Annexure “A”.—(2) In Annexure “A” to the Himachal Pradesh
Department Irrigation and Public Health, Executive Engineer (Civil), (Class-I Gazetted)
Recruitment and Promotion Rules, 1997)
(1) for the existing provision against Col. No. 2, the following shall be substituted,
namely:—
“80 (Eighty)”. ;
(2) for the existing provision against Col. No.4, the following shall be substituted,
namely:—
“Rs.15600-39100+7600 (Grade Pay)”. ;
(3) for the existing title of Col. No. 10, the following shall be substituted, namely:—
“Method of recruitment; whether by direct recruitment or by promotion, secondment,
transfer and the percentage of posts to be filled in by various methods.”.; and
1570
jkti=] fgekpy izns'k] 1 twu] 2017@11 T;s"B] 1939
(4) In the existing provisions against Col. No.11, the words and figures, “upto 31-3-1998”
wherever accuring shall be deleted.
By order,
ANURADHA THAKUR,
Principal Secretary (I&PH).
__________
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&&&&&&&
[Authoritative English text of this Department Notification No. Home-(A)B(1)-20/2015 dated,
30th May, 2017 as required under clause (3) of article 348 of the Constitution of India].
HOME DEPARTMENT
NOTIFICATION
Shimla, the 30th May, 2017
No. Home-(A)B(1)-20/2015.—In exercise of the powers conferred by clause (s) of section
2 of the Code of Criminal Procedure, 1973 read with sub-section (1) of section 11 of the Himachal
Pradesh Police Act, 2007 (Act No. 17 of 2007), the Governor, Himachal Pradesh, in consultation
with Director General of Police, is pleased to transfer the villages as enumerated in Column No. 3
from the local area of the Police Station mentioned in Column No.4 to the local area of the Police
Station mentioned in Column No.5 of the Schedule given below thereof, with effect from the date
of publication of this Notification in the Rajpatra (e-Gazette), Himachal Pradesh, namely:—
SCHEDULE
Sr.
No.
Name of Gram
Panchayats
Name of Villages
contained in Gram
Panchayat specified in
Column No. 2
Police Station
from which
transferred by
this notification.
Police Station
in which
hereinafter
included.
1
2
3
4
5
1.
Gram Panchayat,
Gaggal
1. Gaggal Khas
Police Station
Kangra
Police Station
Gaggal
1574
jkti=] fgekpy izns'k] 1 twu] 2017@11 T;s"B] 1939
2.
Gram Panchayat, Jhikli
Ichhi
1. Ichhi
2. Bag
3 Nagan
4. Mugrehar
5 Baswalkad
6 Ichhi Khas (Mastpur)
7 Jhikli Ichhi
Police Station
Kangra
Police Station
Gaggal
3.
Gram
Panchayat,
Sahoura
1. Sahoura
2. Pagh
3. Balla
-do-
-do-
4.
Gram Panchayat, Ansoli
1. Ansoli
2. Ghundi
-do-
-do-
5.
Gram Panchayat, Baidi
1. Baidi
-do-
-do-
6.
Gram
Panchayat,
Bhadiyara
1. Bhadiyara
2. Gabli Thehar
3. Suralked
4. Makdoli
5 Thehar
-do-
-do-
7.
Gram Panchayat, Tiara
1. Tiara
2. Balhun
3. Balla
4 Patti
-do-
-do-
8.
Gram
Panchayat,
Samirpur Khas
1. Samirpur
2. Dehrian
3. Kiyarag
4. Bhatteher
-do-
-do-
9.
Gram
Panchayat,
Samirpur Chakwan
1. Samirpur Chakwan
2. Jogiballa
3. Chakloo
4. Aiema
5. Lahar
6. Treglu
-do-
-do-
10.
Gram Panchayat, Salol
1. Salol
2. Chatreta
3. Bhasher
-do-
-do-
11.
Gram Panchayat,
Tarkhankad
1. Tarkhankad
2. Bassi
3. Kariyala
4. Uperla Chatreta
5. Jheerballa
-do-
-do-
12.
Gram Panchayat,
Dugiyari
1. Dugiyari Khas
2. Jhikli Dugiyari
-do-
-do-
1575
jkti=] fgekpy izns'k] 1 twu] 2017@11 T;s"B] 1939
13.
Gram Panchayat,
Sanouran
1. Sanouran
2. Bheri
Police Station
Kangra
Police Station
Gaggal
14.
Gram Panchayat,
Mehrna
1. Mehrna
2. Khadiyada
3. Trembla
-do-
-do-
15.
Gram Panchayat,
Rachhiyalu
1. Rachhiyalu
2. Kyorian
-do-
-do-
16.
Gram Panchayat, Rajol
1. Rajol
2. Thara
3. Mahakali
-do-
-do-
17.
Gram Panchayat,
Makroti
1. Makroti
2. Gaggal
-do-
-do-
18.
Gram Panchayat,
Kuthman
1. Kuthman
2. Bentlu
3. Banoi
4. Jagher
-do-
-do-
19.
Gram Panchayat,
Ambari
1. Ambari
2. Dola
3. Ketlu
4. Bhatti
-do-
-do-
20.
Gram Panchayat,
Kandrehad
1. Kandrehad
2. Patoula
-do-
-do-
21.
Gram Panchayat,
Mandal
1. Mandal
2. Bhadwal
-do-
-do-
22.
Gram Panchayat, Bagli
1. Bagli
2. Gagli
3 Chetru Colony
-do-
-do-
23.
Gram Panchayat,
Ghana
1. Uprela Ghana
2. Nichla Ghana
3. Gang Bhairon
-do-
-do-
24.
Gram Panchayat, Chetru
1. Chetru
2. Banwala
3 Gadamba
-do-
-do-
25.
Gram Panchayat,
Dhagwar
1. Dhagwar
2. Matt
3. Tremblu
4. Chakwan Dagwar
5. Khatehar
6. Masrehar
-do-
-do-
1576
jkti=] fgekpy izns'k] 1 twu] 2017@11 T;s"B] 1939
26.
Gram Panchayat, Jheol
1. Jheol
2. Ghiyana Khurd
3. Badakhola
Police Station
Kangra
Police Station
Gaggal
27.
Gram Panchayat, Kaned
1. Kaned
2. Bareh
3. Dudehar
4. Jagrehar
5. Gadopra
-do-
-do-
28.
Gram Panchayat, Maned
1. Maned
-do-
-do-
29.
Gram
Panchayat,
Barwala
1. Barwala
2. Chhainti
3. Ghiyana Kalan
4. Thamba
-do-
-do-
30.
Gram Panchayat, Bandi
1. Bandi Khas
2 Gherthehar
3. Bandi Khurd
-do-
-do-
31.
Gram
Panchayat,
Naganpatt
1. Naganpatt
-do-
-do-
By order,
Sd/-
Principal Secretary (Home).
&&&&&&&&
HOME DEPARTMENT
ORDER
Shimla-171002, the 16th May, 2017
No.Home(A)-A(3)-3/2012-I.—In continuation and partial modification of this department’s
order number Home-(A)-A (3)-3/2012-I dated 10-06-2016 and in exercise of the powers conferred
by section 26 and 37 of the Himachal Pradesh Police Act, 2007, (Act No. 17 of 2017), the
Governor, Himachal Pradesh is pleased to make the following amendment/order to specify
Uniform and Badges for Non-Gazetted Police Officers Grade-1 and Grade-II of Himachal Pradesh
Police Department namely;
1.
Short titled application and Commencement.—(1) This Order may be called the
Himachal Pradesh Police Department Uniform and Badges Order, 2016
(2) This Order shall be applicable to the Non- Gazetted-Police Officers Grade-I and
Grade-II of the Police Department Himachal Pradesh.
(3) This Order shall come into force from the date of its publication in the Official Gazette.
2. Muster pattern of supply of Articles of Uniform.—The Non-Gazetted Police
Officers shall be supplied Uniform and Equipment articles as specified in following table.
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MUSTER PATTERN FOR ARTICLES TO BE ISSUED PERMANENTLY
Sr.
No.
Name of
item
Existing
Approved
1.
Ankle Boot- Black &
Tan Brown
i) Ankle Boot Brown rubber
Sole(DMS) army pattern
(NGO Grade-1 & Distts.
& Bns.
ii) Ankle
Boot
Black
rubber Sole(DMS) army
pattern (NGO Grade-II,
Distts. & Bns.
Ankle
Boot-Black
&
Tan
Brown as per specifications
used by CAPFs/defense forces
with additional features of anti-
skid grip and energy absorption
for state police personnel in
view of climate and hilly terrain
of the state (for N GO Grade-I
& II, Distts./Bns.).
2.
Derby Shoes-Black &
Tan Brown
Derby shoes-Brown rubber
sole(NGO Grade-I District
police & Bns.
Derby shoes-Black rubber
sole(NGO Grade-II District
Police & Bns.)
Derby Shoes Black/Brown with
additional features of anti-skid
grip and energy absorption for
state police personnel in view
of climate and hilly terrain of
the state (for Ngo Grade-I & II
Distt./Bns.)
3.
PT Shoes
P.T. shoes white canvas
rubber sole with fabric laces.
P.T. running shoes
4.
Hunter Boot
Hunter Boot (Jungle boot)
O.G. colour (for remote
areas at 9000 feet & above)
in place of P.T. shoes.
Hunter Boot (jungle boot) O.G.
colour (for remote areas at 9000
feet & above) in place of P.T.
running shoes.
5.
Angola Cloth
Angola cloth conforming
superior
quality
cloth
wrinkle free khaki or any
other colour width 152 cms.
full sleeves NGOs pattern
open
with
two
breast
pockets with flaps 4 tich
buttons. 12 buttons khaki for
distts. Armed police traffic
Superior quality cloth, wrinkle
free, khaki or any other colour,
full sleeves, NGOs pattern, open
with two breast pockets with
flaps 4 tich buttons. 12 buttons
khaki for Districts/Armed Police
Traffic,
width
152
cms.
Composition 50% wool & 50%
polyester
6.
Jacket for winter
Conforming
to
IS
specification No. 3361:1979
with
word
“Police”
in
Golden Yellow on back
Colour and specification of
outer cloth of jacket should
match with the Terrycot cloth,
in use, with the word POLICE
in golden yellow on back
This issues with the prior concurrence of F.D obtained vide their Dy. No. Fin(C)-A(3)-
14/2016 dated 06-05-2017
By order,
Sd/
Principal Secretary (Home).
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In the Court of Shri Hemis Negi, H.A.S., Sub Divisional Magistrate Shimla (Urban),
District Shimla, Himachal Pradesh
Smt. Somo Devi w/o Shri Bandhan Oraon, r/o Para Dass Garden Kanlog, Shimla, Tehsil
and District Shimla, H.P.
. . Applicant.
Versus
General Public
.. Respondent.
Application under section 13(3) of Birth and Death Registration Act, 1969.
Whereas Smt. Somo Devi w/o Shri Bandhan Oraon, r/o Para Dass Garden Kanlog, Shimla,
Tehsil and District Shimla, H.P. has preferred an application to the undersigned for registration the
date of birth of her daughters namely Miss Khusboo (DOB 14-4-2004) and Miss Muskan (DOB
24-5-2007) and son Mr. Ashish Oraon (DOB 28-3-2011) in the record of Municipal Corporation,
Shimla.
1579
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Therefore, this proclamation, the general public is hereby informed that any person having
and objection for entry as to date of birth mentioned above, may submit his objection in writing in
this court on or before 26-06-2017 failing which no objection will be entertained after expiry of
date and will be decided accordingly.
Given under my hand and seal of the Court on this 26th day of May, 2017.
Seal.
HEMIS NEGI,
Sub-Divisional Magistrate,
Shimla (Urban).
____________
In the Court of Shri Gian Sagar Negi, Sub-Divisional Magistrate, Shimla (R),
District Shimla (H. P.)
Shri Daleep s/o Shri Dharam Prakash, r/o Village Neen, P.O. Durgapur, Tehsil Sunni,
District Shimla, Himachal Pradesh.
Versus
[
General Public
. . Respondent.
Whereas Shri Daleep s/o Shri Dharam Prakash, r/o Village Neen, P.O. Durgapur, Tehsil
Sunni, District Shimla, Himachal Pradesh has filed an application along with affidavit in the court
of undersigned under section 13(3) of the Birth & Death Registration Act, 1969 to enter the date of
birth of his son named—Mr. Hitesh Kumar s/o Shri Daleep s/o Shri Dharam Prakash, r/o Village
Neen, P.O. Durgapur, Tehsil Sunni, District Shimla, Himachal Pradesh in the record of Secy., Birth
and Death, Gram Panchayat Neen, Shimla.
Sl.
No.
Name of the family member
Relation
Date of Birth
1.
Mr. Hitesh Kumar
Son
23-08-1995
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 Neen,
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 26-05-2017 under my signature and seal of the court.
Seal.
GIAN SAGAR NEGI,
Sub-Divisional Magistrate,
Shimla (R), District Shimla.
1580
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