CIVIL APPEAL 10955 of 2008 on 5 November 2003

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 10955 of 2008.

Decided on 22[nd] December, 2010.

Raman Kumar.

…Petitioner.

-Versus-

State of Himachal Pradesh and another.

…Respondents.

Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge.

Whether approved for reporting?[1] No.

__________________________________________________________ For the petitioner. : Mr. Debender Ghosh, Advocate. For the respondents. : Mr. P.M. Negi, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General, for respondents No. 1 to 3. Mr. R.S. Gautam, Advocate, for respondent No. 4.

---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral):

Case of the petitioner, in a nut-shell, is that initially he had been appointed on contract basis, but the same was renewed from time to time. His only grievance is that the respondents had been giving artificial/fictional breaks to deprive him the status of regular employee. The practice adopted by the employer on the basis of letter dated 05.11.2003 amounts to unfair labour practice.

2. Accordingly, the petition is disposed of with a direction to the respondents not to give artificial/fictional breaks to the petitioner in future. No costs.

December 22, 2010. (bhupender)

(Rajiv Sharma) Judge

1Whether the reporters of the local papers may be allowed to see the judgment? No.