Bhagwan Singh v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 25731 of 2017 Date of decision: 13.11.2017 Bhagwan Singh ....Petitioner(s)

Versus

State of Haryana and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. J.S. Thind, Advocate, for the petitioner. G.S.SANDHAWALIA, J. (Oral) The petitioner challenges the action of the respondents in replacing the petitioner by another contractual employee and not allowing him to continue to work till he is replaced by the regularly selected candidates apart from other reliefs.

Admittedly, CWP No. 6831 of 2017 was dismissed as withdrawn on 24.04.2017. Nothing has been demonstrated before this Court to show how a second writ petition on the same cause of action is permissible as such. Even otherwise, this Court is of the opinion that the petitioner has alternative and efficacious remedy available since it is his own case that his employment with the respondent was through a private contractor-respondent no. 5 and his services stand terminated way back in November, 2015 by the Secretary of the Market Committee, Ding, Sirsarespondent no. 4. In such circumstances, it is always open to the petitioner to raise an industrial dispute as disputed issues seem to arise as to who was the employer. The present writ petition is accordingly not maintainable in view of the above reasoning and the same is dismissed in limine. 13.11.2017 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No Shivani Gupta 2017.11.15 16:47 I attest to the accuracy and integrity of this document