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2015 Supreme(HP) 1379

DHARAM CHAND CHAUDHARY, SURESHWAR THAKUR
Lekh Raj – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr.Rahul Mahajan, Advocate.
For the Respondents:Mr.Shrawan Dogra, Advocate General with Mr. Virender Singh Chauhan and Mr. Anup Rattan, Additional Advocate Generals.

JUDGMENT :

Sureshwar Thakur, Judge. (Oral):

1. The petitioner stands aggrieved by Annexure P-1 whereby the Deputy Labour Commissioner, H.P. refused to refer for adjudication to the Labour Court-cum- Industrial Tribunal (hereinafter referred to in short as ‘the Tribunal’) concerned the industrial dispute raised by the petitioner herein/workman qua the factum of his having stood illegally retrenched or disengaged from service by his employer. The Industrial dispute as reared or engendered by the petitioner herein/workman qua his services standing illegally retrenched besides dispensed with by his employer stood nursed by him after an inordinately procrastinated delay of 9 years. The Deputy Labour Commissioner, H.P. in refusing under annexure P-1 to make a reference for an adjudication by the Tribunal concerned upon the industrial dispute raised by the workman/petitioner herein qua his illegal disengagement/retrenchment from service by his employer had therein constituted the reason of its imprompt raising having sequelled its becoming stale. His construing of the industrial dispute raised by the petitioner/workman qua the latter’s purported illegal dispensing of services by his employ











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