Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 7917 of 2022 with CWPs No. 7918, 8561, 8574, 8579, 8582, 8587, 8588, 8590, 8592, 8594, 8596, 8598, 8600, 8601, 8603, 8611, 8613, 8616, 8685, 8686, 8687, 8688, 8691 to 8696, 8698, 8709 to 8714 of 2022 Decided on: 24.04.2025 CWP No. 7917 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 7918 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8561 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8574 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8579 of 2022 HFCL Limited … Petitioner 2 2025:HHC:11225-DB Versus State of Himachal Pradesh and others … Respondents CWP No. 8582 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8587 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8588 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8590 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8592 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8594 of 2022 HFCL Limited … Petitioner Versus 3 2025:HHC:11225-DB State of Himachal Pradesh and others … Respondents CWP No. 8596 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8598 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8600 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8601 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8603 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8611 of 2022 HFCL Limited … Petitioner Versus 4 2025:HHC:11225-DB State of Himachal Pradesh and others … Respondents CWP No. 8613 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8616 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No.
8685 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8686 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8687 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8688 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents 5 2025:HHC:11225-DB CWP No. 8691 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8692 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8693 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8694 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8695 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8696 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8698 of 2022 6 2025:HHC:11225-DB HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8709 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8710 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8711 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8712 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8713 of 2022 HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents CWP No. 8714 of 2022 7 2025:HHC:11225-DB HFCL Limited … Petitioner Versus State of Himachal Pradesh and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge.
Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioner(s) : Mr. Sudhir Thakur, Senior Advocate
with Mr. Karun Negi, Advocate for
the petitioner(s) in all the
petitions. For the respondent(s) : Mr. Pushpender Jaswal, Addl. AG. for
respondent-State in all the petitions. : M/s Rohit Sharma and Anuj Gupta,
Advocate for the private respondent(s)
in all the petitions. Ajay Mohan Goel, Judge (Oral)
In all these cases, common issues of law and fact are involved. The private respondents before this Court are the employees of the petitioner-Company. They invoked the provisions of Section 33-A of the Industrial Disputes Act feeling aggrieved by the fact that during the pendency of References made by the appropriate Government, their service conditions were altered by the employer to their deterrent. 2. In terms of the impugned orders, complaints filed by the workmen under Section 33-A of the Industrial Disputes Act were allowed by the learned Tribunal and the act of transfer of the
1 Whether reporters of the local papers may be allowed to see the judgment? 8 2025:HHC:11225-DB
workmen was held to be bad by learned Labour Court. 3. Feeling aggrieved, the employer has filed these writ petitions. 4. During the pendency of these writ petitions, the Court was informed that the main references i.e. Reference No. 138/2019 and Reference No. 141/2019, titled as General Secretary M/s Himachal Futuristic Communication Ltd. Group Mazdoor Sangh vs. The Factor Manager, Futuristic Communication Ltd., stand decided by learned Labour Court in terms of award dated 01.11.2022. Meaning thereby that the References, pendency of which was the reason which gave locus to the workmen to invoke the provisions of Section 33-A of the Industrial Disputes Act, culminated into awards was passed on 01.11.2022. 5. Because learned Labour Court in terms of the impugned orders allowed the complaints of the workmen, who were aggrieved by the change in their service conditions during the pendency of the References, this Court is of the considered view that once the main References stand decided, the writ petitions, which have been filed against orders passed by learned Labour Court on applications filed under Section 33-A of the Industrial Disputes Act loose their efficacy. 6.
In this view of the matter, without adjudication in the
9 2025:HHC:11225-DB
writ petitions on merit, these petitions are closed as having lost their efficacy on account of the adjudication by learned Labour Court in the main References itself on 01.11.2022. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel)
Judge April 24, 2025 (narender)