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2025 DAILYLAW 15421 (HP)

THE COMMISSIONER CUM CHIEF EXECUTIVE OFFICER v. MANOJ KUMAR

CWP/4330/2022 · 2025-08-04

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:25933-DB IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4330 of 2022 Decided on: 04.08.2025 The Commissioner-cum-Chief Executive Officer, Shimla … Petitioner Versus Shri Manoj Kumar … Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Mr. Virender Singh Rathore Advocate. For the respondent : Mr. Yogesh Chandel, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has, inter alia, prayed for the following relief:- “(i) That the impugned Award dated 22.05.2018 passed by Learned Labour Court-cum-Industrial Tribunal, Shimla in Reference Case No.6 of 2016 (Annexure P-3), may kindly be quashed and set aside by issuing writ in the nature of certiorari.” 2. The petitioner herein is aggrieved by Award dated 22.05.2018, passed by learned Presiding Judge, H.P. Industrial Tribunal-cum-Labour, Shimla, in Reference No.06 of 2016, titled Manoj Kumar Vs. The Commissioner-cum-Chief Executive Officer, Shimla, in terms whereof, following relief was granted by learned 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:25933-DB Labour Court:- “As a sequel to my above discussion and findings on issues no.1 to 3, the claim of the petitioner succeeds and is hereby partly allowed and the petitioner is ordered to be reinstated in service forthwith with seniority and continuity. However, the petitioner is not entitled to back wages. The reference stands answered in favour of the petitioner and against the respondent. Let a copy of this order/award be sent to the appropriate government for publication in the official gazette. File, after completion, be consigned to records.” 3. When the matter was taken up today, learned counsel for the petitioner informed the Court that the petitioner stands re- engaged in terms of compliance of Award dated 22.05.2018. 4. In the light of this development, as prayed for, this petition is disposed of without interfering with the Award passed by learned Labour Court. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 04, 2025 (Rishi)