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2025 DAILYLAW 36711 (HP)

TARA DEVI v. STATE OF HP AND ORS

CWP/15466/2025 · 2025-12-04

Romesh Verma, Vivek Singh Thakur

body2025

Judgment text

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2025:HHC:42175 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 14496 of 2025 alongwith CWP Nos. 14498, 14499, 15466, 15468, 15469, 15471, 15473, 15477, 15478, 15479, 15480, 15482, 17709, 17848, 17849 and 19130 of 2025 Date of decision: 4.12 . 2025 1. CWP No. 14496 of 2025 Ankush Kumar. ...Petitioner. Versus State of H.P. & Others. …Respondents. 2. CWP No. 14498 of 2025 Hema Wati. ...Petitioner. Versus State of H.P. & Others. …Respondents. 3. CWP No. 14499 of 2025 Rita Devi. ...Petitioner. Versus State of H.P. & Others. …Respondents. 4. CWP No. 15466 of 2025 Tara Devi. ...Petitioner. Versus State of H.P. & Others. …Respondents. 5. CWP No. 15468 of 2025 Nirmala Devi. ...Petitioner. 2 2025:HHC:42175 CWP No. 14496 of 2025 & connected matters Versus State of H.P. & Others. …Respondents. 6. CWP No. 15469 of 2025 Gurdev Singh. ...Petitioner. Versus State of H.P. & Others. …Respondents. 7. CWP No. 15471 of 2025 Sheela Devi. ...Petitioner. Versus State of H.P. & Others. …Respondents. 8. CWP No. 15473 of 2025 Sohan Lal. ...Petitioner. Versus State of H.P. & Others. …Respondents. 9. CWP No. 15477 of 2025 Nand Lal. ...Petitioner. Versus State of H.P. & Others. …Respondents. 10. CWP No. 15478 of 2025 Rama Devi. ...Petitioner. Versus State of H.P. & Others. …Respondents. 11. CWP No. 15479 of 2025 Pyar Singh ...Petitioner. Versus 3 2025:HHC:42175 CWP No. 14496 of 2025 & connected matters State of H.P. & Others. …Respondents. 12. CWP No. 15480 of 2025 Julfi Ram ...Petitioner. Versus State of H.P. & Others. …Respondents. 13. CWP No. 15482 of 2025 Roshan Lal. ...Petitioner. Versus State of H.P. & Others. …Respondents. 14. CWP No. 17709 of 2025 Suneeli Devi. ...Petitioner. Versus State of H.P. & Others. …Respondents. 15. CWP No. 17848 of 2025 Salindra Devi. ...Petitioner. Versus State of H.P. & Others. …Respondents. 16. CWP No. 17849 of 2025 Charan Singh. ...Petitioner. Versus State of H.P. & Others. …Respondents. 17. CWP No. 17887 of 2025 Ranjana Kumari. ...Petitioner. Versus State of H.P. & Others. …Respondents. 4 2025:HHC:42175 CWP No. 14496 of 2025 & connected matters 18. CWP No. 18583 of 2025 Mast Ram. ...Petitioner. Versus State of H.P. & Others. …Respondents. 19. CWP No. 19130 of 2025 Manorma Devi. ...Petitioner. Versus State of H.P. & Others. …Respondents. Coram Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Hon’ble Mr. Justice Romesh Verma, Judge. Whether approved for reporting?1 For the Petitioner(s). Mr.Anil Kumar God, Advocate. For the Respondents: Mr.Anup Rattan, Advocate General, with Mr.Ramakant Sharma, Additional Advocate General for respondents No. 1 and 2-State. Mr.Rohan Tomar, Advocate, for respondent No. 3-Welfare Board. Vivek Singh Thakur, Judge (Oral) All these petitions, for involvement of common question of law and facts are being disposed of by this common order. 1Whether the reporters of the local papers may be allowed to see the Judgment? 5 2025:HHC:42175 CWP No. 14496 of 2025 & connected matters 2. In all petitions, petitioners are aggrieved by induction of limitation period of 6 months in Rule 285 of the Himachal Pradesh Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2008 vide Notification dated 24.5.2025, for submission of claims by beneficiaries from the happening/completion of instance. 3. In all these petitions prayer has been made to quash the limitation period introduced by aforesaid Notification. 4. In response, respondents-State through Secretary Labour Employment & Overseas Placement, to the Government of Himachal Pradesh has placed on record instructions dated 2nd December, 2025, whereby it has been informed that to redress the grievance of the petitioners, appropriate instruction has been issued by the respondents vide communications dated 17.10.2025 and 2.12.2025, whereby it has been clarified that all the claims of workers which have accrued before date of amendment notification i.e. 24.5.2025 shall not be considered time barred and further that the cause of action/incident of all the petitioners in these cases/CWP’s accrued to workers before notification dated 24.5.2025 and the claims, submitted by them after this notification dated 24.5.2025, shall not be considered time barred by the Labour 6 2025:HHC:42175 CWP No. 14496 of 2025 & connected matters Welfare Officers and will be entertained for disbursement of benefits subject to completion of all codal formalities. 5. 5. It has been further communicated that as the claim of the petitioners in respect of those events that occurred prior to 24.5.2025 will be considered for disbursement by the Labour Welfare Officer even if these have been raised by them after the date of notification 24.5.2025. 6. Copies of communications dated 17.10.2025 and 2.12.2025 sent to Labour Welfare Officers Himachal Pradesh Building and Other Construction Workers Welfare Board, have been placed on record. 7. In view of above, nothing survives to be adjudicated in present petitions and accordingly all these petitions are disposed of in terms of instructions imparted by the respondents, placed on record alongwith pending applications, if any. (Vivek Singh Thakur), Judge. (Romesh Verma), Judge. 4th December, 2025 (Keshav)