jkti=] fgekpy izns'k

fgekpy izns'k jkT; 'kklu }kjk izdkf'kr

lkseokj] 19 twu] 2017@29 T;s"B] 1939

fgekpy izns'k ljdkj

INDUSTRIES DEPARTMENT

A-Section

NOTIFICATION

Shimla-171002, the 12^th June, 2017

No.Ind-A(A)1-1/2017.—The Governor, Himachal Pradesh is pleased to order to

establish a new Mining Office at Nurpur, Distt. Kangra, with immediate effect with the areas of

Nurpur, Fatehpur and Jawali Sub-Divisions under its jurisdiction.

56&jkti=@2017&19&06&2017

¼2217½

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The Governor, Himachal Pradesh is also pleased to create following posts for the above

Mining Office at Nurpur:—

Sr.

No.

Name of Post

No. of post(s)

Pay Band

Mining Officer

Rs.10300-34800 + 4200 GP

Mining Inspector

Rs. 5910-20200 + 2800 GP

Assistant Mining Inspector

Rs. 5910-20200 + 2400 GP

By order,

Sd/-

Addl. Chief Secretary (Inds.).

_____________

HIGHER EDUCATION DEPARTMENT

NOTIFICATION

Shimla-02, the 14^th June, 2017

No. EDN-A-Ka(1)-32/2007-Loose.—The following Government Degree College(s) have

been newly opened with effect from 2017-18 i.e. from the session June, 2017 :—

(a) Government Degree College Telka, Distt. Chamba (H.P.).

(b) Government Degree College Bhallai, Distt. Chamba (H.P.).

(d) Government Degree College Dehra, Distt. Kangra (H.P.).

(e) Government Degree College Haroli, Distt. Una (H.P.).

(f) Government Degree College Jainagar, Distt. Solan (H.P.).

(g) Government Degree College Darlaghat, Distt. Solan (H.P.).

The Governor, Himachal Pradesh is pleased to order the creation of following teaching

and non-teaching posts for the above mentioned each newly opened Government Degree

College:—

Sr.

Category/Name of

Post(s) (For each College)

No of

Post(s)

Pay Band/Scale

Principal

01x7=7

Rs. 37400-67000+GP 10000

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Assistant Professor :—

(a) English

(b) Hindi

(d) Pol. Science

(e) Economics

(f) Commerce

01 x7=7

02x7=14

Rs. 15600-39100 + GP 6000 (For

regular appointee)

Rs. 15600 + 6000 = 21600/-PM (For

contract appointee)

Librarian (College Cadre)

01 x7=7

Rs. 15600-39100 + GP 6000 (For

regular appointee)

Rs. 15600 + 6000 = 21600/-PM

(For contract appointee)

Superintendent Gr-II

01 x7=7

Rs. 10300-34800+ GP- 4800

Senior Assistant

01 x7=7

Rs. 10300-34800+ GP- 4400

Junior Office Assistant

02x7=14

Rs. 5910+GP-1950 = 7860/-PM (For

Contract appointee)

Peon

03 x7=21

Rs. 4900+GP-1300 = 6200/-PM (For

Contract appointee)

Rs. 4900-10680+ GP- 1300 (For initial

two years of regular service)

Rs. 4900-10680+ GP- 1650 (Given after

2 years of regular service)

Chowkidar

02 x7=14

Rs. 4900+GP-1300 = 6200/-PM (For

Contract appointee)

Rs. 4900-10680+ GP- 1300 (For initial

two years of regular service)

Rs. 4900-10680+ GP- 1650 (Given after

2 years of regular service)

Total Posts

18 x7=126

The expenditure will be incurred under Major Head 2202-03-103-01-Soon-Non- Plan for

smooth functioning of these colleges.

This issues with prior concurrence of the Fin. Department obtained vide their U.O No

53988501-Fin-E/2017, dated 04^th June, 2017 and in the Cabinet meeting held on 05^th June, 2017.

By order,

Sd/-

Addl. Chief Secretary(Education).

___________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 20^th January, 2016

No. 11-5/99(Lab) ID/2015-Chamba.—Whereas Shri Jag Dev S/O Shri Nanak Chand, R/O

Village and Post Office Purthi, Tehsil Pangi, District Chamba, H.P. had raised a demand notice

dated 28.5.2012 regarding his illegal termination from the services by the Executive Engineer,

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I.P.H./H.P.P.W.D. Division, Killar, Tehsil Pangi, District Chamba, H.P. The Labour Officer-cum-

Conciliation Officer, Chamba, 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 sent

a report under Section 12(4) of the Industrial Disputes Act, 1947 to the Labour Commissioner,

H.P.;

And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Chamba,

District Chamba, H.P. was considered, examined and Labour Commissioner, H.P. as appropriate

Government came to the conclusion that above worker had raised the dispute at a belated stage of

more than 12 years and therefore declined the reference of the dispute vide order dated 15.2.2014;

And whereas Shri Jag Dev S/O Shri Nanak Chand 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 C.W.P. No. 4686/2015. The Hon’ble High Court of Himachal Pradesh has

disposed off the civil writ petition on 24.12.2015 and directed the respondent to take appropriate

action in accordance with law positively within a period of four weeks. The operative part of the

judgment is reproduced as follows;

“3 In view of the settled position of law, the impugned orders are thus legally not

sustainable. Consequently, impugned orders Annexures P-1, P-2 and P-3 are quashed and

set aside with the direction to respondent No.-2 to take appropriate action in accordance

with law. Needful be positively done within a period of four weeks from the date of

production of certified copy of the judgment.

With the aforesaid observations, present petition stands disposed of, so also pending

application(s), if any.’

Therefore, in view of above 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-cum-

Industrial Tribunal, Dharamsala, constituted under Section-7 of Act ibid, on the following

issue/issues for legal adjudication;

“Whether the industrial dispute raised by the worker Shri Jag Dev S/O Shri Nanak Chand,

R/O Village and Post Office Purthi, Tehsil Pangi, District Chamba, H.P. before the

Executive Engineer, I.P.H./H.P.P.W.D. Division, Killar, Tehsil Pangi, District Chamba,

H.P. vide demand notice dated 28.5.2012 regarding his alleged illegal termination of service

during August, 1999 suffers from delay and latches? If not, Whether termination of the

services of Shri Jag Dev S/O Shri Nanak Chand, R/O Village and Post Office Purthi, Tehsil

Pangi, District Chamba, H.P. by the Executive Engineer, I.P.H./H.P.P.W.D. Division,

Killar, Tehsil Pangi, District Chamba, H.P. during August, 1999 without complying 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 aggrieved

workman is entitled to from the above employer?”

By order,

Sd/-

Deputy Labour Commissioner,

Himachal Pradesh.

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LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 20^th January, 2016

No. 11-5/99(Lab) ID/2015-Chamba.—Whereas Shri Ajeet Kumar S/O Shri Babu Ram,

R/O Village and Post Office Dharwas, Tehsil Pangi, District Chamba, H.P. had raised a demand

notice dated 2.1.2012 regarding his illegal termination from the services by the Executive Engineer,

I.P.H./H.P.P.W.D. Division, Killar, Tehsil Pangi, District Chamba, H.P. The Labour Officer-cum-

Conciliation Officer, Chamba, 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 sent

a report under Section 12(4) of the Industrial Disputes Act, 1947 to the Labour Commissioner,

H.P.;

And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Chamba,

District Chamba, H.P. was considered, examined and Deputy Labour Commissioner, H.P. 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 7.10.2015;

And whereas Shri Ajeet Kumar S/O Shri Babu Ram 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 C.W.P. No. 4686/2015. The Hon’ble High Court of Himachal Pradesh has

disposed off the civil writ petition on 24.12.2015 and directed the respondent to take appropriate

action in accordance with law positively within a period of four weeks. The operative part of the

judgment is reproduced as follows;

“3 In view of the settled position of law, the impugned orders are thus legally not

sustainable. Consequently, impugned orders Annexures P-1, P-2 and P-3 are quashed and

set aside with the direction to respondent No.-2 to take appropriate action in accordance

with law. Needful be positively done within a period of four weeks from the date of

production of certified copy of the judgment.

With the aforesaid observations, present petition stands disposed of, so also pending

application(s), if any.’

Therefore, in view of above 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-cum-

Industrial Tribunal, Dharamsala, constituted under Section-7 of Act ibid, on the following

issue/issues for legal adjudication;

“Whether the industrial dispute raised by the worker Shri Ajeet Kumar S/O Shri Babu Ram,

R/O Village and Post Office Dharwas, Tehsil Pangi, District Chamba, H.P. before the

Executive Engineer, I.P.H./H.P.P.W.D. Division, Killar, Tehsil Pangi, District Chamba,

H.P. vide demand notice dated 2.1.2012 regarding his alleged illegal termination of service

during August, 2004 suffers from delay and latches? If not, Whether termination of the

services of Shri Ajeet Kumar S/O Shri Babu Ram, R/O Village and Post Office Dharwas,

Tehsil Pangi, District Chamba, H.P. by the Executive Engineer, I.P.H./H.P.P.W.D.

Division, Killar, Tehsil Pangi, District Chamba, H.P. during August, 2004 without

complying the provisions of the Industrial Disputes Act, 1947, is legal and justified? If not,

2222

jkti=] fgekpy izns'k] 19 twu] 2017@29 T;s"B] 1939

what amount of back wages, seniority, past service benefits and compensation the above

aggrieved workman is entitled to from the above employer?”

By order,

Sd/-

Deputy Labour Commissioner

Himachal Pradesh.

__________

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 4^th March, 2016

No. 11-5/99(Lab) ID/2015-Chamba.—Whereas Shri Devi Chand S/O Shri Munshi Ram,

R/O Village Salga, P.O. Chaned, Tehsil and District Chamba, H.P. had raised a demand notice

dated 30.03.2014 regarding his time to time termination / regularization of services from back date

by the Executive Engineer, I.&P.H. Division, Chamba, District Chamba, H.P. The Labour

Officercum-Conciliation Officer, Chamba, 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 sent a report under Section 12(4) of the Industrial Disputes Act, 1947 to the Labour

Commissioner, H.P.;

And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Chamba,

District Chamba, H.P. was considered, examined and Deputy Labour Commissioner, H.P. as

appropriate Government came to the conclusion that above worker had raised the dispute at a

belated stage of more than 7 years and applicant is a regular employee from October, 2013 and he

should raise the dispute in the appropriate forum and therefore declined the reference of the dispute

vide order dated 19.09.2015;

And whereas Shri Devi Chand S/O Shri Munshi Ram, 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 C.W.P. No. 4572/2015. The Hon’ble High Court of Himachal Pradesh has

disposed off the civil writ petition on 2.12.2015 and directed the Labour Commissioner, H.P. to

make reference to the Industrial Tribunal-cum-Labour Court within six weeks. The operative part

of the judgment is reproduced as follows;

“3 In the given circumstances, we deem it proper to quash the impugned orders in the writ

petitions 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

petitions are disposed of, as indicated hereinabove, along with all pending applications, if

any.”

Therefore, in view of above 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-cum-

2223

jkti=] fgekpy izns'k] 19 twu] 2017@29 T;s"B] 1939

Industrial Tribunal, Dharamsala, constituted under Section-7 of Act ibid, on the following

issue/issues for legal adjudication;

“Whether alleged time to time termination of services of Shri Devi Chand S/O Shri

Munshi Ram, R/O Village Salga, P.O. Chaned, Tehsil and District Chamba, H.P.

during the year 1995 to April, 2006 by the Executive Engineer, I.&P.H. Division,

Chamba, District Chamba, H.P., who had worked as beldar on daily wages basis and

has raised his industrial dispute after more than 7 years vide demand notice dated

30.03.2014, without complying 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 7

years in raising the industrial dispute, what amount of back wages, seniority, past

service benefits the above worker is entitled to from the above employer/

management?”

“Whether the demand of regularization of daily wager services raised vide demand

notice dated 30.03.2014 after more than 7 years of Shri Devi Chand S/O Shri Munshi

Ram, R/O Village Salga, P.O. Chaned, Tehsil and District Chamba, H.P. to be fulfilled

by Executive Engineer, I.&P.H. Division, Chamba, District Chamba, H.P. from the

date his junior workmen have been regularized, as alleged by the worker, is legal and

justified? If not, what arrear of wages and consequential relief of service benefits 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 4^th March, 2016

No. 11-5/99(Lab) ID/2015-Chamba.—Whereas Shri Dumnu S/O Shri Lachho, R/O

Village and Post Office Kohladi, Tehsil and District Chamba, H.P. had raised a demand notice

dated 30.03.2014 regarding his time to time termination / regularization of services from back date

by the Executive Engineer, I.&P.H. Division, Chamba, District Chamba, H.P. The Labour Officer-

cum-Conciliation Officer, Chamba, 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 sent a report under Section 12(4) of the Industrial Disputes Act, 1947 to the Labour

Commissioner, H.P.;

And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Chamba,

District Chamba, H.P. was considered, examined and Deputy Labour Commissioner, H.P. as

appropriate Government came to the conclusion that above worker had raised the dispute at a

belated stage of more than 7 years and applicant is a regular employee from October, 2013 and he

should raise the dispute in the appropriate forum and therefore declined the reference of the dispute

vide order dated 19.09.2015;

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And whereas Shri Dumnu S/O Shri Lachho, 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 C.W.P. No. 4572/2015. The Hon’ble High Court of Himachal Pradesh has

disposed off the civil writ petition on 2.12.2015 and directed the Labour Commissioner, H.P. to

make reference to the Industrial Tribunal-cum-Labour Court within six weeks. The operative part

of the judgment is reproduced as follows;

“3 In the given circumstances, we deem it proper to quash the impugned orders in the writ

petitions 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

petitions are disposed of, as indicated hereinabove, along with all pending applications, if

any.”

Therefore, in view of above 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-cum-

Industrial Tribunal, Dharamsala, constituted under Section-7 of Act ibid, on the following

issue/issues for legal adjudication;

“Whether alleged time to time termination of services of Shri Dumnu S/O Shri Lachho,

R/O Village and Post Office Kohladi, Tehsil and District Chamba, H.P. during the year

1996 to April, 2006 by the Executive Engineer, I.&P.H. Division, Chamba, District

Chamba, H.P., who had worked as beldar on daily wages basis and has raised his

industrial dispute after more than 7 years vide demand notice dated 30.03.2014,

without complying 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 7 years in

raising the industrial dispute, what amount of back wages, seniority, past service

benefits the above worker is entitled to from the above employer/management?”

“Whether the demand of regularization of daily wager services raised vide demand

notice dated 30.03.2014 after more than 7 years of Shri Dumnu S/O Shri Lachho, R/O

Village and Post Office Kohladi, Tehsil and District Chamba, H.P. to be fulfilled by

Executive Engineer, I.&P.H. Division, Chamba, District Chamba, H.P. from the date

his junior workmen have been regularized, as alleged by the worker, is legal and

justified? If not, what arrear of wages and consequential relief of service benefits 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 4^th March, 2016

No. 11-5/99(Lab) ID/2015-Chamba.—Whereas Shri Kamal Lal S/O Shri Karam Chand,

R/O Village and Post Office Chaned, Tehsil and District Chamba, H.P. had raised a demand notice

dated 30.03.2014 regarding his time to time termination / regularization of services from back date

2225

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by the Executive Engineer, I.&P.H. Division, Chamba, District Chamba, H.P. The Labour Officer-

cum-Conciliation Officer, Chamba, 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 sent a report under Section 12(4) of the Industrial Disputes Act, 1947 to the Labour

Commissioner, H.P.;

And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Chamba,

District Chamba, H.P. was considered, examined and Deputy Labour Commissioner, H.P. as

appropriate Government came to the conclusion that above worker had raised the dispute at a

belated stage of more than 7 years and applicant is a regular employee from October, 2013 and he

should raise the dispute in the appropriate forum and therefore declined the reference of the dispute

vide order dated 19.09.2015;

And whereas Shri Kamal Lal S/O Shri Karam Chand, 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 C.W.P. No. 4572/2015. The Hon’ble High Court of Himachal Pradesh has

disposed off the civil writ petition on 2.12.2015 and directed the Labour Commissioner, H.P. to

make reference to the Industrial Tribunal-cum-Labour Court within six weeks. The operative part

of the judgment is reproduced as follows;

“3 In the given circumstances, we deem it proper to quash the impugned orders in the writ

petitions 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

petitions are disposed of, as indicated hereinabove, along with all pending applications, if

any.”

Therefore, in view of above 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-cum-

Industrial Tribunal, Dharamsala, constituted under Section-7 of Act ibid, on the following

issue/issues for legal adjudication;

“Whether alleged time to time termination of services of Shri Kamal Lal S/O Shri

Karam Chand, R/O Village and Post Office Chaned, Tehsil and District Chamba, H.P.

during the year 1997 to April, 2006 by the Executive Engineer, I.&P.H. Division,

Chamba, District Chamba, H.P., who had worked as beldar on daily wages basis and

has raised his industrial dispute after more than 7 years vide demand notice dated

30.03.2014, without complying 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 7

years in raising the industrial dispute, what amount of back wages, seniority, past

service benefits the above worker is entitled to from the above employer/

management?”

“Whether the demand of regularization of daily wager services raised vide demand

notice dated 30.03.2014 after more than 7 years of Shri Kamal Lal S/O Shri Karam

Chand, R/O Village and Post Office Chaned, Tehsil and District Chamba, H.P. to be

fulfilled by Executive Engineer, I.&P.H. Division, Chamba, District Chamba, H.P.

from the date his junior workmen have been regularized, as alleged by the worker, is

2226

jkti=] fgekpy izns'k] 19 twu] 2017@29 T;s"B] 1939

legal and justified? If not, what arrear of wages and consequential relief of service

benefits 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 4^th March, 2016

No. 11-5/99(Lab) ID/2015-Chamba.—Whereas Shri Mohinder Kumar S/O Shri Hachhu

Ram, R/O Village Dugli, P.O. Khundel, Tehsil and District Chamba, H.P. had raised a demand

notice dated 30.03.2014 regarding his time to time termination / regularization of services from

back date by the Executive Engineer, I.&P.H. Division, Chamba, District Chamba, H.P. The

Labour Officer-cum-Conciliation Officer, Chamba, 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 sent a report under Section 12(4) of the Industrial Disputes Act, 1947

to the Labour Commissioner, H.P.;

And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Chamba,

District Chamba, H.P. was considered, examined and Deputy Labour Commissioner, H.P. as

appropriate Government came to the conclusion that above worker had raised the dispute at a

belated stage of more than 7 years and applicant is a regular employee from October, 2013 and he

should raise the dispute in the appropriate forum and therefore declined the reference of the dispute

vide order dated 19.09.2015;

And whereas Shri Mohinder Kumar S/O Shri Hachhu Ram, 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 C.W.P. No. 4572/2015. The Hon’ble High Court of Himachal

Pradesh has disposed off the civil writ petition on 2.12.2015 and directed the Labour

Commissioner, H.P. to make reference to the Industrial Tribunalcum-Labour Court within six

weeks. The operative part of the judgment is reproduced as follows;

“3 In the given circumstances, we deem it proper to quash the impugned orders in the writ

petitions 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

petitions are disposed of, as indicated hereinabove, along with all pending applications, if

any.”

Therefore, in view of above 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-cum-

Industrial Tribunal, Dharamsala, constituted under Section-7 of Act ibid, on the following

issue/issues for legal adjudication;

2227

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“Whether alleged time to time termination of services of Shri Mohinder Kumar S/O

Shri Hachhu Ram, R/O Village Dugli, P.O. Khundel, Tehsil and District Chamba, H.P.

during the year 1995 to April, 2006 by the Executive Engineer, I.&P.H. Division,

Chamba, District Chamba, H.P., who had worked as beldar on daily wages basis and

has raised his industrial dispute after more than 7 years vide demand notice dated

30.03.2014, without complying 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 7

years in raising the industrial dispute, what amount of back wages, seniority, past

service benefits the above worker is entitled to from the above employer/

management?”

“Whether the demand of regularization of daily wager services raised vide demand

notice dated 30.03.2014 after more than 7 years of Shri Mohinder Kumar S/O Shri

Hachhu Ram, R/O Village Dugli, P.O. Khundel, Tehsil and District Chamba, H.P. to

be fulfilled by Executive Engineer, I.&P.H. Division, Chamba, District Chamba, H.P.

from the date his junior workmen have been regularized, as alleged by the worker, is

legal and justified? If not, what arrear of wages and consequential relief of service

benefits 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 4^th March, 2016

No. 11-5/99(Lab) ID/2015-Chamba.—Whereas Shri Rakesh Kumar S/O Shri Hans Raj,

R/O Village and Post Office Saru, Tehsil and District Chamba, H.P. had raised a demand notice

dated 30.03.2014 regarding his time to time termination / regularization of services from back date

by the Executive Engineer, I.&P.H. Division, Chamba, District Chamba, H.P. The Labour Officer-

cum-Conciliation Officer, Chamba, 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 sent a report under Section 12(4) of the Industrial Disputes Act, 1947 to the Labour

Commissioner, H.P.;

And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Chamba,

District Chamba, H.P. was considered, examined and Deputy Labour Commissioner, H.P. as

appropriate Government came to the conclusion that above worker had raised the dispute at a

belated stage of more than 7 years and applicant is a regular employee from October, 2013 and he

should raise the dispute in the appropriate forum and therefore declined the reference of the dispute

vide order dated 19.09.2015;

And whereas Shri Rakesh Kumar S/O Shri Hans Raj, 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 C.W.P. No. 4572/2015. The Hon’ble High Court of Himachal Pradesh has

disposed off the civil writ petition on 2.12.2015 and directed the Labour Commissioner, H.P. to

make reference to the Industrial Tribunal-cum-Labour Court within six weeks. The operative part

of the judgment is reproduced as follows;

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“3 In the given circumstances, we deem it proper to quash the impugned orders in the writ

petitions 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

petitions are disposed of, as indicated hereinabove, along with all pending applications, if

any.”

Therefore, in view of above 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-cum-

Industrial Tribunal, Dharamsala, constituted under Section-7 of Act ibid, on the following

issue/issues for legal adjudication;

“Whether alleged time to time termination of services of Shri Rakesh Kumar S/O Shri

Hans Raj, R/O Village and Post Office Saru, Tehsil and District Chamba, H.P. during

the year 1997 to April, 2006 by the Executive Engineer, I.&P.H. Division, Chamba,

District Chamba, H.P., who had worked as beldar on daily wages basis and has raised

his industrial dispute after more than 7 years vide demand notice dated 30.03.2014,

without complying 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 7 years in

raising the industrial dispute, what amount of back wages, seniority, past service

benefits the above worker is entitled to from the above employer/management?”

“Whether the demand of regularization of daily wager services raised vide demand

notice dated 30.03.2014 after more than 7 years of Shri Rakesh Kumar S/O Shri Hans

Raj, R/O Village and Post Office Saru, Tehsil and District Chamba, H.P. to be fulfilled

by Executive Engineer, I.&P.H. Division, Chamba, District Chamba, H.P. from the

date his junior workmen have been regularized, as alleged by the worker, is legal and

justified? If not, what arrear of wages and consequential relief of service benefits 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 4^th March, 2016

No. 11-5/99(Lab) ID/2015-Chamba.—Whereas Shri Ramesh Kumar S/O Shri Kishan

Chand, R/O Village Udaipur, P.O. Saru, Tehsil and District Chamba, H.P. had raised a demand

notice dated 30.03.2014 regarding his time to time termination/regularization of services from back

date by the Executive Engineer, I.&P.H. Division, Chamba, District Chamba, H.P. The Labour

Officer-cum-Conciliation Officer, Chamba, 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 sent a report under Section 12(4) of the Industrial Disputes Act, 1947 to the Labour

Commissioner, H.P.;

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jkti=] fgekpy izns'k] 19 twu] 2017@29 T;s"B] 1939

And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Chamba,

District Chamba, H.P. was considered, examined and Deputy Labour Commissioner, H.P. as

appropriate Government came to the conclusion that above worker had raised the dispute at a

belated stage of more than 7 years and applicant is a regular employee from October, 2013 and he

should raise the dispute in the appropriate forum and therefore declined the reference of the dispute

vide order dated 19.09.2015;

And whereas Shri Ramesh Kumar S/O Shri Kishan Chand, 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 C.W.P. No. 4572/2015. The Hon’ble High Court of Himachal

Pradesh has disposed off the civil writ petition on 2.12.2015 and directed the Labour

Commissioner, H.P. to make reference to the Industrial Tribunal-cum-Labour Court within six

weeks. The operative part of the judgment is reproduced as follows;

“3 In the given circumstances, we deem it proper to quash the impugned orders in the writ

petitions 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

petitions are disposed of, as indicated hereinabove, along with all pending applications, if

any.”

Therefore, in view of above 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-cum-

Industrial Tribunal, Dharamsala, constituted under Section-7 of Act ibid, on the following

issue/issues for legal adjudication;

“Whether alleged time to time termination of services of Shri Ramesh Kumar S/O Shri

Kishan Chand, R/O Village Udaipur, P.O. Saru, Tehsil and District Chamba, H.P.

during the year 1997 to April, 2006 by the Executive Engineer, I.&P.H. Division,

Chamba, District Chamba, H.P., who had worked as beldar on daily wages basis and

has raised his industrial dispute after more than 7 years vide demand notice dated

30.03.2014, without complying 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 7

years in raising the industrial dispute, what amount of back wages, seniority, past

service benefits the above worker is entitled to from the above employer/

management?”

“Whether the demand of regularization of daily wager services raised vide demand

notice dated 30.03.2014 after more than 7 years of Shri Ramesh Kumar S/O Shri

Kishan Chand, R/O Village Udaipur, P.O. Saru, Tehsil and District Chamba, H.P. to be

fulfilled by Executive Engineer, I.&P.H. Division, Chamba, District Chamba, H.P.

from the date his junior workmen have been regularized, as alleged by the worker, is

legal and justified? If not, what arrear of wages and consequential relief of service

benefits the above worker is entitled to from the above employer/management?”

By order,

Sd/-

Deputy Labour Commissioner,

Himachal Pradesh.

2230

jkti=] fgekpy izns'k] 19 twu] 2017@29 T;s"B] 1939

LABOUR & EMPLOYMENT DEPARTMENT

NOTIFICATION

Shimla-171001, the 4^th March, 2016

No. 11-5/99(Lab) ID/2015-Chamba.—Whereas Shri Subhash S/O Shri Hem Chand, R/O

Village Millah, P.O. Singi, Tehsil and District Chamba, H.P. had raised a demand notice dated

30.03.2014 regarding his time to time termination / regularization of services from back date by the

Executive Engineer, I.&P.H. Division, Chamba, District Chamba, H.P. The Labour Officer cum-

Conciliation Officer, Chamba, 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 sent

a report under Section 12(4) of the Industrial Disputes Act, 1947 to the Labour Commissioner,

H.P.;

And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Chamba,

District Chamba, H.P. was considered, examined and Deputy Labour Commissioner, H.P. as

appropriate Government came to the conclusion that above worker had raised the dispute at a

belated stage of more than 7 years and applicant is a regular employee from October, 2013 and he

should raise the dispute in the appropriate forum and therefore declined the reference of the dispute

vide order dated 19.09.2015;

And whereas Shri Subhash S/O Shri Hem Chand, 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 C.W.P. No. 4572/2015. The Hon’ble High Court of Himachal Pradesh has

disposed off the civil writ petition on 2.12.2015 and directed the Labour Commissioner, H.P. to

make reference to the Industrial Tribunal-cum-Labour Court within six weeks. The operative part

of the judgment is reproduced as follows;

“3 In the given circumstances, we deem it proper to quash the impugned orders in the writ

petitions 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

petitions are disposed of, as indicated hereinabove, along with all pending applications, if

any.”

Therefore, in view of above 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-cum-

Industrial Tribunal, Dharamsala, constituted under Section-7 of Act ibid, on the following

issue/issues for legal adjudication;

“Whether alleged time to time termination of services of Shri Subhash S/O Shri Hem

Chand, R/O Village Millah, P.O. Singi, Tehsil and District Chamba, H.P. during the

year 1997 to April, 2006 by the Executive Engineer, I.&P.H. Division, Chamba,

District Chamba, H.P., who had worked as beldar on daily wages basis and has raised

his industrial dispute after more than 7 years vide demand notice dated 30.03.2014,

without complying 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 7 years in

raising the industrial dispute, what amount of back wages, seniority, past service

benefits the above worker is entitled to from the above employer/management?”

2231

jkti=] fgekpy izns'k] 19 twu] 2017@29 T;s"B] 1939

“Whether the demand of regularization of daily wager services raised vide demand

notice dated 30.03.2014 after more than 7 years of Shri Subhash S/O Shri Hem Chand,

R/O Village Millah, P.O. Singi, Tehsil and District Chamba, H.P. to be fulfilled by

Executive Engineer, I.&P.H. Division, Chamba, District Chamba, H.P. from the date

his junior workmen have been regularized, as alleged by the worker, is legal and

justified? If not, what arrear of wages and consequential relief of service benefits 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 4^th March, 2016

No. 11-5/99(Lab) ID/2015-Chamba.—Whereas Shri Suresh Kumar S/O Shri Gajlo Ram,

R/O Village Bhanota, P.O. Chaned, Tehsil and District Chamba, H.P. had raised a demand notice

dated 30.03.2014 regarding his time to time termination / regularization of services from back date

by the Executive Engineer, I.&P.H. Division, Chamba, District Chamba, H.P. The Labour Officer-

cum-Conciliation Officer, Chamba, 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 sent a report under Section 12(4) of the Industrial Disputes Act, 1947 to the Labour

Commissioner, H.P.;

And whereas the report sent by the Labour Officer-cum-Conciliation Officer, Chamba,

District Chamba, H.P. was considered, examined and Deputy Labour Commissioner, H.P. as

appropriate Government came to the conclusion that above worker had raised the dispute at a

belated stage of more than 7 years and applicant is a regular employee from October, 2013 and he

should raise the dispute in the appropriate forum and therefore declined the reference of the dispute

vide order dated 21.09.2015;

And whereas Shri Suresh Kumar S/O Shri Gajlo Ram, agitated the above orders of