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2025 DAILYLAW 38668 (HP)

M/S CONTROL PRINT LTD v. AJITPAL SINGH RANA

CWP/361/2018 · 2025-11-26

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:40191 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 361 of 2018 Decided on: 26.11.2025 M/s Control Print Limited … Petitioner Versus Ajit Pal Singh Rana … Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioner : Mr. Suneet Goel, Senior Advocate with Mr. Vishwas Kaushal, Advocate. For the respondent : Mr. Nishant Khidta, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has assailed the order passed by the learned Labour Court dated 23.01.2018, in terms whereof, the Reference was answered by the learned Labour Court in favour of the workman. 2. When this case was listed before the Court on 20.11.2025, the following order was passed:- “When this case was taken up for consideration, it is in principle agreed between the parties that present petitions be disposed of by observing that the workman shall be entitled to seniority and continuity in terms of the Award passed in his favour by the learned Labour Court, but he will not claim back wages which otherwise stand denied to him by the learned 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:40191 Labour Court. Besides this, the workman shall claim the benefit of promotion in line with the promotion which stood conferred in the interregnum by the employer upon the contemparies of the petitioner and nothing beyond that. On the request of learned Counsel for the parties, list on 26.11.2025. At this stage, learned Counsel for the petitioner submits that the petitioner at least shall be entitled to actual wages from the date of the Award. In light of the fact that the learned Labour Court has denied the back wages to the workman, but he has been ordered to be reinstated alongwith seniority and continuity, of course the petitioner shall be entitled to wages as from the date of the Award, subject to deduction of the amount which he is receiving under Section 17B of the Industrial Disputes Act.” 3. Today, learned Senior Counsel for the petitioner and learned Counsel for the respondent submit that this petition can be disposed of without interfering with the award passed by the learned Labour Court in light of what stands observed by this Court in order dated 20.11.2025, so that the matter is amicably settled between the parties. 4. Accordingly, this petition is disposed of with the direction that the respondent/workman be re-engaged forthwith which re- 3 2025:HHC:40191 engagement shall be relatable back to the date of the award, i.e. 23.01.2018 with continuity and seniority in service in terms of the award passed by the learned Labour Court. The workman shall be entitled to the wages as from the date of re-engagement, i.e. the date of award and all consequential benefits, including the conferment of promotion in line with the promotions which stands conferred in the interregnum by the employer upon the contemporaries of the workman. The workman shall not be entitled to anything beyond what stands conferred upon the contemporaries of the workman. 5. Besides this, as far as the entitlement of wages as from the date of award is concerned, the same shall be subject to the deduction of the amount which he has already received under Section 17(B) of the Industrial Disputes Act. The workman shall approach the employer within one week from today and orders of his re- engagement shall be issued by the employer as from the date of the award, i.e. 23.01.2018, positively on or before 15.12.2025. Pending miscellaneous applications, if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge November 26, 2025 (narender)