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2015 Supreme(HP) 412

TARLOK SINGH CHAUHAN
Seema Mehta – Appellant
Versus
Chairman-cum-Deputy Commissioner – Respondent


Advocates:
Advocate Appeared:
For the petitioner:Mr. Deepak Kaushal, Advocate.
For the respondents:Mr. Virender Kumar Verma, Ms. Meenakshi Sharma and Mr. Rupinder Singh, Additional Advocate Generals.

Judgment :

Tarlok Singh Chauhan, Judge (Oral).

The petitioner is aggrieved by the award passed by the learned Industrial Tribunal-cum-Labour Court, Shimla (for short ‘Tribunal’) dated 28.3.2013 whereby her claim for regular appointment to the post of PBX Clerk has been denied and has therefore, filed this writ petition seeking the following substantive relief:

“That the award dated 28.03.2013 (Annexure P-2) may kindly be quashed and set aside and same may kindly be declared illegal and the respondents may kindly be directed to give regular appointment to the petitioner in the post of PBX Clerk on regular basis as per the policy of the State.”

2. On 10.1.1989 the petitioner was appointed in Indian Red Cross Society (for short ‘Society’) as Clerk-cum-Typist. This appointment was given by the Deputy Commissioner, Solan in the capacity of the Chairman of the Society and the emoluments of the petitioner were fixed at Rs.750/- per month.

3. Indisputably, the petitioner has been working in the said capacity till date. The petitioner had earlier approached the Tribunal for regularization of her services and reference was decided in her favour vide award dated 16.1.2007. However, the said awa













































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