IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5624 of 2026 Decided on: 22.04.2026 ----------------------------------------------------------------------------

The Executive Engineer, I & P.H, Division, Dalhousie …..Petitioner Versus Chaman Singh .....Respondent ----------------------------------------------------- -----------------------

Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?¹ Yes For the petitioner: Mr. Anup Rattan, Advocate General with Mur. Y.P.S. Dhaulta & Mr. L.N. Sharma, Additional Advocates General.

For the Respondent: Nemo.

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Jyotsna Rewal Dua, Judge State feels aggrieved against the order passed by the learned Labour Court -cum- Industrial Tribunal, Dharamshala, District Kangra, H.P. on 16.09.2025 in an Happlication moved by the respondent-workman under Section 33-C (2) of the Industrial Disputes Act. Hence, this writ petition.

In terms of the impugned order, respondent-

workman has been held entitled to an amount of ₹16,07,721/- towards his full wages from 03.07.2013 (date of award) to 22.02.2019 (date of re-engagement) alongwith

1Whether reporters of print and electronic media may be allowed to see the order? Yes.

interest @6% per annum from the date of the order till realization of the amount.

2. Heard learned Additional Advocate General and considered the case file.

3. The Case

3(i). On an industrial dispute raised by the respondent- workman, the appropriate government sent following reference for adjudication to the learned Industrial Tribunal-cum- Labour Court:-

“Whether termination of the services of Sh.

Chamaon Singh S/o Sh. Kehar Singh by the Executive Engineer, I & P.H Division, Dalhousie, District CChamba, H.P. w.e.f. 11/2000 after paying retrenchment compensation and retaining the junior workmen, as alleged by the worker, is proper and justified? If not, what amount of back wages, seniority, past service benefits and compensation the aggrieved workman is entitled to?”

Learned Labour Court adjudicated the reference and passed an award in favour of the respondent-workman on 03.07.2013 as under:-

“The retrenchment of the petitioner is set-

aside and quashed. The respondent is directed to re-engage the petitioner forthwith. He shall be entitled to the seniority and continuity in service from the date of his illegal termination i.e. 16.11.2000 except back wages. The respondent is also directed to consider the case of the petitioner for regularization of his services as per the policies framed by the Govt. of Himachal Pradesh from time to time. It is made clear that if the services of any person junior to the petitioner have already been regularized, he (petitioner) shall be entitled to the regularization from the date/month of the regularization of the services of his junior(s).”

In terms of the award, retrenchment of the respondent was set-aside. Petitioner was directed to re- engage the respondent-workman forthwith. Respondent- workman was further held entitled f to seniority and continuity in service from the date of his illegal termination i.e. 16.11.2000 except back twages. Petitioner-State was also directed to consider the case of the respondent- workman for regularization of his services as per applicable policies. Respondent-workman was held entitled to regularization from the date, his juniors, if any had been regularized.

3(ii). The award was assailed by the petitioner-State in Civil Writ Petition No.4599/2014. The writ petition was dismissed on 06.04.2015. Petitioner-State assailed the judgment dated 06.04.2015 in Letters Patent Appeal (LPA) No. 40/2016. The LPA was also dismissed on 13.04.2016. The Special Leave Petition preferred by the petitioner-State was also dismissed by the Hon’ble Apex Court on 24.09.2018. The award was still not implemented. Respondent- workman filed an application under Section 11(9) of the Act for enforcement of the award. The executing court issued warrants of attachment of move