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2023 Supreme(HP) 243

SATYEN VAIDYA
Khub Singh – Appellant
Versus
HPSEBL – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Karan Singh Parmar, Advocate.
For the Respondents: Mr. Anil K. God, Mr. Mohinder Zharaick, Addl. A.G.

JUDGMENT :

Satyen Vaidya, J.

By way of instant petition, petitioner has assailed office order Annexure P-6, whereby the appropriate authority has declined to refer the dispute under Section 10 of Industrial Disputes Act 1947 (for short ‘the Act’) on the ground that the claim of the petitioner was stale.

2. The case of the petitioner in nutshell is that he was engaged by respondent No.1 as daily waged worker in the year 1992 and his services were terminated in 1993. The petitioner for the first time had challenged his termination by approaching this Court in the year 2012 by filing CWP No. 7323 of 2012. A Division Bench of this Court disposed of the petition filed by the petitioner on 31.8.2012, in following terms:-

    “The petitioners seek re-engagement on the ground that principle of ‘last come first go’ has not been followed. At this distance of time, it is not proper and possible to go into those aspects. However, in case the petitioners have actually worked under the 2nd respondent, in case the 2nd respondent requires additional man-power on account of availability of 3 work, the petitioners will be engaged in preference to new recruits, as fresh hand. 2. With these observations, wri


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