2025:HHC:29061 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.1307 of 2018 a/w COPCT No.616 of 2020 Decided on: 26.08.2025 __________________________________________________________ Chairman District Red Cross Society Solan ...Petitioner Versus Tek Chand and others ...Respondents Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon’ble Mr. Justice Ranjan Sharma, Judge 1Whether approved for reporting?. For the petitioner: Mr. Pushpinder Kumar Verma, Advocate. For the respondents: Mr. Dev Raj, Advocate, for respondent No.1. Ms. Priyanka Chauhan, Deputy Advocate General for the proforma respondents. G.S. Sandhawalia, Chief Justice[Oral] CWP No.1307 of 2018 The present Civil Writ Petition has been filed by the Deputy Commissioner, Solan, on account of being Chariman of District Red Cross Society. The order under challenge, as such, are the interim orders passed by the Erstwhile Tribunal dated 27.05.2015 and 03.01.2017, 1 Whether reporters of Local Papers may be allowed to see the judgment? 2025:HHC:29061 - 2 - Annexure P-13 in O.A. No.1151 of 2015. The Tribunal in sum and substance by the first order dated 27.05.2015 had stayed the notice dated 28.04.2015, Annexure A-6, whereby, the services of the applicant-employee as a driver had been terminated by giving one month notice by the writ petitioner herein. Vide subsequent order dated 03.01.2017, directions were issued to pay due and admissible salary to the applicant-employee by 31.01.2017. The said orders were stayed on 13.06.2018 by filing the writ petition and thus have continued to remain in force. 2. Prior to the stay granted, the employee had also preferred Contempt Petition No.106 of 2018 before the Erstwhile Tribunal, claiming that the interim orders passed on 27.05.2015 and 03.01.2017 were not being obeyed, on account of abolition of the Tribunal. The Original Application No. 1151 of 2015 was transferred to this Court and renumbered as CWPOA No.5091 of 2019 and, therefore, the order of termination dated 28.04.2015 is the subject matter of consideration in the said case. 3. We are also informed that on account of stay granted by the Coordinate Bench of this Court on 2025:HHC:29061 - 3 - 13.06.2018, the services of the employee were dispensed with. 4. Counsel for the writ petitioner while referring to communication dated 01.05.2018, Annexure P-17, pointed out that the payment of salary of Rs.11,000/- was made till 31.05.2015 and it is a specific averment in the writ petition also that after 23.03.2015 his services were not utilized, as the Ambulance, as such, was auctioned on 12.08.2015 and offer had also been made to him to join at Solan, since he was apparently working at Arki and the employee had not rendered any service thereafter. 5. In the reply filed by the employee, the said fact has been admitted that he continued working till 31.05.2015 and also he was asked for his willingness to work at headquarter at Solan. There is no such averment made in the reply also that he had worked after 01.06.2015. 6. In such circumstances, we are of the considered opinion that on account of transfer of the Original Application, the matter regarding his termination is subject matter of CWPOA No.5901 of 2025:HHC:29061 - 4 - 2019, which is to be decided separately. 7. Accordingly, the present petition has been rendered infructuous, since it is only challenging the interim orders and the main case has now been transferred to this Court. COPCT No.616 of 2020 8. Similarly the Contempt Petition is liable to be dismissed on account of the necessary compliance of the salary having been paid for the period he remained in service till 31.05.2015. The present contempt petition is accordingly disposed of and the contempt notice is discharged. Copy of this order be placed in CWPOA No.5901 of 2019 for reference. 9. Pending miscellaneous application(s), if any, shall also stand disposed of. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge 26th August, 2025 [himani/shivender]