Himachal Pradesh High Court

CWP/1462/2002 of HPSFC. Vs JOT SINGH on 30 December 2011

COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 1462 of 2002-C Date of decision: 30.12.2011 ________________________________________________________________ 1. HP State Forest Corporation, Kasumpti, Shimla-9, through its Managing Director. 2. HP State Forest Corporation, Forest Working

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No. 1462 of 2002-C

Date of decision: 30.12.2011

________________________________________________________________

1. HP State Forest Corporation, Kasumpti, Shimla-9, through its Managing Director.through its Managing Director.

2. HP State Forest Corporation, Forest Working Division-Sunder Nagar, District Mandi, HP, through its Divisional Manager.

.....Petitioners.

Vs.

1. Jot Singh s/o Shri Paras Ram, village Tikochi, Tehsil Purola, District Uttarkashi, UP.Tehsil Purola, District Uttarkashi, UP.

2. Moti Ram s/o Shri Dharam Singh, villae Kirasu, PO Tikochi, Tehsil Purela, District Uttarkashi, UP.Tikochi, Tehsil Purela, District Uttarkashi, UP.

3. Meharban singh s/o Inder Singh, village Duchanoo, PO Tikechi, Tehsil Purela, District Uttarkashi, UP. PO Tikechi, Tehsil Purela, District Uttarkashi, UP. 4. Arvind Singh s/o Shri Kesar Singh, village Duchanoo, PO Tikechi, Tehsil Purela, District Uttarkashi, UP. Duchanoo, PO Tikechi, Tehsil Purela, District Uttarkashi, UP.

5. Jai Pal s/o Shri Sadhu Ram, village Duchanoo, PO Tikechi, Tehsil Purela, District Uttarkashi, UP.Tikechi, Tehsil Purela, District Uttarkashi, UP.

6. Dhana s/o Shri Fetu Ram, village Duchanoo, PO Tikechi, Tehsil Purela, District Uttarkashi, UP. Tikechi, Tehsil Purela, District Uttarkashi, UP.

7. Paras Ram s/o Shri Ganaga Ram, village Araket, PO Arkot, Tehsil Purela, District Uttarkashi, UP.Arkot, Tehsil Purela, District Uttarkashi, UP.

8. Mangat Ram s/o Kungu Ram, VPO Arakot, Tehsil Purela, District Uttarkashi, UP.Purela, District Uttarkashi, UP.

9. Laika s/o Shri Ganga Ram, VPO Arakot, Tehsil Purela, District Uttarkashi, UP.Purela, District Uttarkashi, UP.

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10. Hoshiar s/o Shri Rattan Dass, Village Arakot, Tehsil Purela, District Uttarkashi, UP.Tehsil Purela, District Uttarkashi, UP.

11. Mohan Lal s/o Shri Rattan Dass, Village Arakot, Tehsil Purela, District Uttarkashi, UP.Tehsil Purela, District Uttarkashi, UP.

12. Mangal Dass s/o Shri Kunwar Dass, village Kaloch, PO Arakot, Tehsil Purola, District Uttarkashi, UP.PO Arakot, Tehsil Purola, District Uttarkashi, UP.13.Har Pal Singh s/o Shri Moti Ram village Kiranu, PO Tikochi, Tehsil Purola, District Uttarkashi, UP.Tikochi, Tehsil Purola, District Uttarkashi, UP.14.Mohan Lal s/o Bahadur singh, Village Gotali, PO Arakot, UP District Uttarkashi.Arakot, UP District Uttarkashi.

15. Shoorveer Singh s/o Shri Hans Ram, village Duchanoo, Tehsil Tikochi, District Uttarkashi, UP.Duchanoo, Tehsil Tikochi, District Uttarkashi, UP.

16. Ishwar Singh s/o Hans Ram, village Duchanoo,

...2...

Tehsil Tikochi, District Uttarkashi, UP.

17. Lal Chand s/o Shri Sadar Singh, village Arakot, Tehsil Purola, District Uttarkashi, UP.Tehsil Purola, District Uttarkashi, UP.

18. Ramesh Singh s/o Shri Dalel Singh, village Jagata, PO. Cheewan, Tehsil Purola, District Uttarkashi, UPPO. Cheewan, Tehsil Purola, District Uttarkashi, UP19.Kunwar Singh s/o shri Karam, village Tikochi, Tehsil Purola, District Uttarkashi, UP.Tehsil Purola, District Uttarkashi, UP.

20. Man Singh resident of village Tachidhar, PO Gadaguseni, Tehsil Balichowki, District Mandi, HP.Gadaguseni, Tehsil Balichowki, District Mandi, HP.21.Devi Dass s/o Shri Jalam Dass, village Kalich, PO Arakot, Tehsil Purola, District Uttarkashi, UP.Arakot, Tehsil Purola, District Uttarkashi, UP.

22. Shiv Dyal Thakur, Forest Contractor, N.No. 64/12, Ram Nagar, Mandi, HP.Ram Nagar, Mandi, HP.

.....Respondents.

Civil Writ Petition under Articles 226/227 of the Constitution of India.

CoramThe Hon'ble Mr. Justice V.K. Sharma, J.

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1 Whether approved for reporting? No.

________________________________________________________________

For the petitioner:Mr. Neel Kamal Sood, Advocate.

For the respondents:None.

V.K. Sharma, J. (Oral)

The learned counsel for the petitioner states that previous costs of ` 500/-, in terms of order dated 09.11.2011, have since been deposited with the H.P. High Court Bar Association on 28.12.2011, vide receipt shown in the Court.2.The learned counsel further states on instructions received from the petitioners that five applications under Section 33-C(2) of the Industrial Disputes Act, 1947, including the one relating to the present writ petition, were disposed of by the learned Presiding Judge, H.P. Labour Court, Shimla, vide the impugned order dated 16.01.2002, and all other writ petitions laying challenge against the said order except this petition have already been dismissed by this Court upholding the aforesaid order dated 16.01.2002 of the learned Presiding Judge of the Labour Court.

3. In view of the above, the present petition is also dismissed being a covered matter.

4. It is pointed out that a sum of ` 45,036.00 (forty five thousand thirty six only) has been deposited by the petitioners in the Registry in terms of order dated 09.10.2002, passed by this Court in CMP No. 2123 of 2002. The amount is payable to the respondents, as per their entitlement to the same, in terms of the aforesaid order dated 16.01.2002 of the learned Labour Court. The Registry is directed to take requisite steps for disbursement of the said sum of ` 45,036/- alongwith accrued interest to the respondents.

4. The petition, so also pending CMP(s), if any, shall stand disposed of.

30[th] December, 2011 (virender) V.K. Sharma, J.

(V.K. Sharma) Judge

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