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2019 Supreme(HP) 1969

V.RAMASUBRAMANIAN, ANOOP CHITKARA
NARAYAN SINGH – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. V.D. Khidtta.
For the Respondents: Mr. Ashok Sharma, M/s. J.K. Verma, Adarsh K. Sharma, Ritta Goswami, Ashwani K. Sharma, Nand Lal Thakur, Vikrant Thakur.

JUDGMENT :

V. Ramasubramanian, J.

CMP No. 7508 of 2019

1. The impleadment application is allowed and the amended memo is ordered to be taken on record. The application is disposed of accordingly.

CWP No. 1659 of 2019

2. The petitioner has come up with the above writ petition challenging an order passed by the Government refusing to refer the dispute raised by him, to a Labour Court under the Industrial Disputes Act, 1947.

3. Heard Mr. V.D. Khidtta, learned counsel for the petitioner, Mr. J.K. Verma, learned Additional Advocate General for respondents No. 1 & 2 and Mr. Vikrant Thakur, learned Standing Counsel for respondent No. 3-Electricity Board.

4. The petitioner raised an industrial dispute way back on 03.06.2009, claiming that he was engaged as a Beldar continuously without any break from January, 2000 till 31st March, 2001 and that his services were terminated without following the provisions of the Act. The Labour Commissioner, after the failure of the conciliation proceedings, passed an order on 24.05.2010, refusing to refer the dispute to the Labour Court, on the ground that the petitioner had not completed 240 days of continuous service in the 12 months preceding the date of term

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