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2025 DAILYLAW 8714 (HP)

RAMESH CHAND v. STATE OF HP AND ORS

EX.P./286/2025 · 2025-05-13

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Execution Petition No.286 of 2025 Date of Decision: 13.05.2025 _____________________________________________________________________ Ramesh Chand ……...Petitioner Versus State of H.P. and Others …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Shubham Sood, Advocate. For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for respondents/State. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant execution petition, prayer has been made on behalf of the petitioner for execution and implementation of judgment dated 04.08.2023, passed by this Court in CWP No.9080 of 2020, titled Ramesh Chand Vs. State of H.P. and Others, wherein direction came to be issued to Labour Court-cum-Industrial Tribunal, Kangra at Dharamshala, to decide the execution petition, expeditiously, preferably, within a period of two months. Since no action, whatsoever, came to be taken at the behest of the Tribunal below pursuant to aforesaid direction, petitioner has approached this Court in the instant proceedings. 2. Mr. B.C. Verma, learned Additional Advocate General, while putting in appearance on behalf of respondents, states that 2 appropriate action in accordance with law, if any, is to be taken by Labour Court-cum-Industrial Tribunal, Kangra at Dharamshala and no role, whatsoever, is to be played by the respondents. 3. At this stage, this Court has been informed that due to opening of Civil Court in Sarkaghat, case otherwise ordered to be decided vide judgment, sought to be executed, stands transferred to afore Court and as such, necessary directions are required to be issued to Civil Judge, Senior Division, Court No.1, Sarkaghat, Camp at Dharampur, to do the needful expeditiously. 4. Consequently, in view of the above, present petition is disposed of, with the direction to Civil Judge, Senior Division, Court No.1, Sarkaghat, Camp at Dharampur, to ensure that execution petition filed by the petitioner under Section 33-C(2) of the Industrial Disputes Act, 1947, which was earlier pending adjudication before Labour Court-cum-Industrial Tribunal, Kangra at Dharamshala, is decided expeditiously, preferably, within a period of three weeks, failing which, petitioner would be at liberty to get the present petition revived, in accordance with law, enabling this Court to pass appropriate order. May 13, 2025 (Sandeep Sharma), (Rajeev Raturi) Judge