2025:HHC:27443 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2600 of 2017 Decided on: 14.08.2025 M/s Amar Ujala Publications Limited … Petitioner Versus The State of Himachal Pradesh & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Mr. Rahul Mahajan, Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General, for the respondents-State. Mr. Sanjeev Bhushan, Senior Advocate, with Mr. Rajesh Kumar, Advocate, for respondent No.3. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has, inter alia, prayed for the following relief:- “a) To issue a writ in the nature of Certiorari for quashing and aside the notification dated 28.7.2016 (Annexure P- 8), passed by the Labour Commissioner, H.P. whereby the Labour Commissioner has refer the dispute of the respondent no.3 for adjudication to the H.P. Industrial Tribunal-Cum-Labour Court Dharamshala.” 2. The Reference made by the appropriate Government has been assailed by the petitioner primarily on the ground that said 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:27443 Reference could not have been made under the provisions of the Industrial Disputes Act and it ought to have been made only under Section 17 of Working Journalists and Other Newspaper Employees (Conditions of Service and Miscellaneous Provisions) Act, 1955 (45 of 1955) (hereinafter to be referred as ‘the 1955 Act). 3. Learned Senior Counsel appearing for the private respondent submits that this petition be disposed of by permitting the said respondent to submit a fresh demand under the provisions of the 1955 Act, within a period of one week from today and a direction be issued to the appropriate Authority to the appropriate Government/ Secretary, Labour and Employment, to make a Reference thereof under the provisions of the 1955 Act within a time bound period. Learned Senior Counsel further submits that post Reference by the appropriate Government an observation be made that the Court concerned may decide the Reference in terms of the time frame laid down by the Hon’ble Supreme Court of India in M.A. No.171 of 2019 in Contempt Petition (Civil) No.411 of 2014 in Writ Petition (Civil) No.246 of 2011, titled Avishek Raja and others Vs. Sanjay Gupta and others. 4. In light of the submissions made by learned Senior Counsel for the private respondent, this petition is disposed of by 3 2025:HHC:27443 quashing Annexure P-8, i.e. Notification dated 28.07.2016. The private respondent is are allowed to make a fresh representation with regard to his demand within a period of one week from today to the appropriate Government/ Secretary of Labour and Employment. Upon receipt of the said demand, let an appropriate Reference be made within a period of four weeks thereafter and post receipt of the Reference the concerned Court shall make an endeavour to decide the same in terms of the time framed fixed by the Hon’ble Supreme Court of India. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 14, 2025 (Rishi)