Industrial Disputes Act Time Consumed In Proceedings At Forum Lacking Jurisdiction Is Excluded From Limitation Period: Himachal Pradesh High Court

The Himachal Pradesh High Court single bench of Justice Sandeep Sharma held that if an applicant has diligently pursued a matter before a wrong forum and time was consumed in doing so, this time should be excluded from the limitation period before the forum with appropriate jurisdiction. The bench noted that the Workman could only approach the Industrial Tribunal after the expiry of...

Discontinuation Of Establishment's Work Charge Status Does Not Disentitle Workmen From Attaining Work Charge Status: Himachal Pradesh High Court

The Himachal Pradesh High Court single bench of Justice Ajay Mohan Goel differentiated between the work charge status of an establishment and the work charge status of workmen. It held that the cessation of the establishment's work charge status does not negate the workman's right to conferment of work charge status upon completing the requisite service period. Work charge...

Advocates Being Officers Of Court Have Larger Duty Towards Court: Himachal Pradesh HC Closes Arguments In Case Due To Counsels' Failure To Appear

In a stern order passed by Justices Vivek Singh Thakur and Bipin C Negi, the Himachal Pradesh High Court closed arguments for private respondents in a case challenging the appointment of Parliamentary Secretaries in the state.The Court observed that despite being granted repeated opportunities and time to present their arguments, the counsels representing the private respondents failed to...

Baseless Allegations By Parties U/s 13(2), A&C Act Needlessly Tarnishes Reputation Of Arbitrators: Himachal Pradesh High Court

The Himachal Pradesh High Court single bench of Chief Justice M.S. Ramachandra Rao held that there is a tendency of the parties to impugn the motives of Arbitrators without affording them the opportunity under Section 13(2) of the Arbitration and Conciliation Act, 1996. It held that such baseless allegations and accusations could needlessly tarnish the reputation of Arbitrators...

Himachal Pradesh High Court Raps Govt For Seeking Repeated Adjourments In Pleas Challenging Dy CM, CPS Appointments

The Himachal Pradesh High Court has come down hard on the state government for its repeated requests for adjournments in a plea challenging the appointment of the Deputy Chief Minister and six Chief Parliamentary Secretaries (CPS). The bench expressed its displeasure when the Advocate General, who was supposed to represent the state government in court, expressed his inability to argue the...

Congress Leader Abhishek M. Singhvi's 'Draw Of Lots' Plea: Himachal Pradesh HC Issues Notice To BJP Rajya Sabha MP

The Himachal Pradesh High Court on Saturday issued a notice to BJP Rajya Sabha MP Harsh Mahajan while hearing Congress leader and Senior Advocate Abhishek Manu Singhvi's petition effectively challenging his defeat in the Rajya Sabha polls in February this year. In his petition, Sr. Adv Singhvi challenged the returning officer's decision to declare the winner through a draw of lots...

Electricity Dues Of Earlier Occupier Not Payable By Subsequent Occupier Without Creation Of Charge Under Transfer Of Property Act: HP High Court

Shedding light on the liability of buyers who acquire properties from auctions for inheriting the previous owner's electricity bills the Himachal Pradesh High Court has ruled that electricity dues cannot be passed on to new occupants of a property if a charge wasn't created following the Transfer of Property Act and Companies Act.In allowing a plea of one such buyer against the Electricity Board...

Himachal Pradesh High Court Mandates Age Limit, Fitness Certificate For River Rafting, Kayaking In Kullu

The Himachal Pradesh High Court has directed the Deputy Commissioner, Kullu to examine and recommend an upper age limit for individuals participating in kayaking and other river sports. The court also emphasised the need for senior citizens to produce a fitness certificate before engaging in such activities.“It is desirable to fix upper age limit to persons who are intending to do kayaking...

Himachal Pradesh High Court Weekly Roundup April 8 - April 14, 2024

Nominal Index:Suneet Singh Jaryal vs State of HP & Anr 2024 LiveLaw (HP) 10Usha Rani vs State of HP & Ors 2024 LiveLaw (HP) 11UCO Bank & Ors. vs Chaman Singh 2024 LiveLaw (HP) 12State of H.P. and another vs. Jai Ram Kaundal 2024 LiveLaw (HP) 13Rakesh Sharma vs. Indian Oil Corporation and another 2024 LiveLaw (HP) 14Judgments/Orders: Pensionary Benefits Cannot Be Withheld For...

Burden Of Proving Employer-Employee Relationship Primarily Rests Upon Who Asserts Its Existence: Himachal Pradesh High Court

A division bench of the Himachal Pradesh High Court comprising of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja, while deciding a Letters Patent Appeal in the case of Rakesh Sharma vs. Indian Oil Corporation and another, held that the burden of proving the employer-employee relationship primarily rested upon the person who asserted its existence, and once the person asserting to be...

Person Appointed Against Scheduled Caste Or Scheduled Tribe Quota, Cannot Later Claim Reservation Under Ex-Serviceman Quota: Himachal Pradesh High Court

A division bench of the Himachal Pradesh High Court comprising of Chief Justice M.S. Ramachandra Rao, and Justice Jyotsna Rewal Dua, while deciding Letters Patent Appeal in the case of State of H.P. and another vs. Jai Ram Kaundal, held that once a person is appointed against Scheduled Caste or Scheduled Tribe quota, then later they cannot claim reservation under ex-serviceman...

Service Provided For Period Of Three Months And Above Shall Be Treated As One Half Year For The Purpose Of Calculating Total Service Period: Himachal Pradesh High Court

A division bench of the Himachal Pradesh High Court comprising of Hon'ble Mr. Justice M.S. Ramachandra Rao, Chief Justice and Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge, while deciding Letters Patent Appeal in the case of UCO Bank & Ors. vs Chaman Singh, has held that service provided by an employee for the period of three months and above shall be treated as one half year (6 months)...