Extracted from the PDF above. The PDF is authoritative.
State of H.P and others vs. Raman Kant
CMP(M) No. 1119 of 2025 Item No.D-3
01.08.2025 Present: Mr. Anup Rattan, Advocate General with Ms.Priyanka Chauhan, Deputy Advocate General, for the applicants/appellants.
CMP No.15238 of 2025
The application is allowed and the delay in re-filing the appeal after removing the objection is condoned. The application stands disposed of.
CMP(M) No.1119 of 2025
2.
Inter alia a reference is made to the judgment passed by us in LPA No.136 of 2025 titled State of H.P and others vs. Pal Singh to contend that keeping in view the law laid down by Hon’ble Supreme Court in Bharat Sanchar Nigam Limited vs. Man Singh and other connected case, reported in (2012) 1 SCC 558 and State of Uttrakhand and another vs.Raj Kumar, reported in (2019) 14 SCC 353, wherein a view has been taken that the compensation would be the right remedy as such for the workman as daily wager who has worked for a short period. It is thus contended that the period of service from November, 1998 to 2002 would not entitle him for reinstatement as granted by the labour Court on 31.03.2023 and upheld by the learned Single Judge and therefore the same would not be sustainable.
3.
Reliance is also placed upon the judgment passed today in LPA No. 451 of 2024 titled Sunil Kumar vs. State of H.P and others, wherein we have taken the similar view.
4.
Keeping in view the averments made in the application, duly supported by an affidavit of the official, the delay of 189 days’ in filing the Appeal is condoned. The application stands disposed of.
LPA No.495 of 2025 & CMP No.18548 of 2025
5.
Notice be issued to the respondent, on steps being taken within one week, returnable within three weeks thereafter.
6.
List on 15.09.2025
7.
The operation of the impugned order passed by the learned Single Judge on 01.05.2024 in CWP No.2562 of 2024 titled State of H.P and others vs. Sh. Raman Kant, shall remain stayed during the pendency of the Appeal before this Court.
( G.S. Sandhawalia )
Chief Justice
1st August, 2025 ( Ranjan Sharma ) (priti)
Judge