Extracted from the PDF above. The PDF is authoritative.
State of H.P. and others versus Bimla Devi
CMP(M) No.1509 of 2025
Item No.S-4
31.10.2025 Present: Mr. Gobind Korla, Additional Advocate General for the appellants.
CMP(M) No.1509 of 2025
For the reasons stated in the application, which is duly supported by an affidavit of the official, delay of 187 days’ in filing the appeal is condoned.
2.
The application stands disposed of accordingly.
LPA No. _________of 2025
3.
Appeal be registered.
4.
Inter alia submits that the employee had worked in the Department from 03.07.1998 till 31.08.2020, whereas, the case of the present appellants was that the employee had worked from January 1999 to July 1999. It is thus submitted that the dispute was first raised in the year 2013 when the writ petition was dismissed. Thereafter, the matter was taken upto the Apex Court whereby liberty was given for making a reference under
Section 10 of the Industrial Disputes Act. It is submitted that re-instatement would not be justified, in the facts and circumstances, keeping in view the settled position of law that the nature of job and the quantum of period of work would be relevant, as such. It is thus submitted that learned Single Judge has not appreciated this aspect while upholding the award whereby re-instatement was
directed.
5.
Issue notice to the respondent, returnable in four weeks, on taking steps within a week.
6.
List the matter on 15th December,
2025.
CMP No. _______of 2025 [CMPST No. 40156 of 2025
7.
Be registered.
8.
Notice in the aforesaid terms.
9.
During the pendency of the appeal, operation and enforcement of Award dated 10.04.2023 passed by the Presiding Judge Industrial-Cum-Labour Court Dharamshala, in reference No.22/2018,titled as Bimla Devi versus
State and the impugned
judgment dated 26.03.2024 passed by the learned Single Judge in CWP No. 2563 of 2024, titled State of Himachal Pradesh and others versus Bimla Devi shall remain stayed.
10. The application stands disposed of.
(G.S. Sandhawalia)
Chief Justice
[
31st October, 2025
(Ranjan Sharma) (himani/Bhardwaj]
Judge