Harish Kumar vs State of Himachal Pradesh and Others

Kurian Joseph, C.J.—Challenge in this writ petition is to Annexure PC, order passed by the Labour Commissioner. As per the said order, the request of the Petitioner for reference of the dispute for adjudication before the Labour Court/Industrial Tribunal has been turned down. It is seen from the said order that the Labour Commissioner has adverted to the merits of the case as well as to the factum of delay. It is not in dispute that there was a delay of around seven years in initiating the process under the Industrial Disputes Act, 1947. In view of the decision of this Court in M.C. Paonta Sahib v. State of Himachal Pradesh, which has been relied upon by the Full Bench of this Court in Liaq Ram v. State of Himachal Pradesh, the writ petition is only to be dismissed. Ordered accordingly. However, it is made clear that the dismissal of the writ petition shall not stand in the way of the Petitioner, if otherwise entitled for any other relief, being pursued in accordance with law.

Pending application(s), if any, also stands disposed of.