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High Court of Punjab and HaryanaCWP/21045/2023dismissed

Davinder Singh v. State Of Punjab And Others

2023-09-212 pages

2023:PHHC:124249

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-21045-2023 (O&M) Date of Decision: 21.09.2023 Davinder Singh . . . . Petitioner Vs.

State of Punjab and others . . . . Respondents **** CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA ****

Present:

Mrs. Rana Ghuman, Advocate, for the petitioner.

**** SANJEEV PRAKASH SHARMA, J.(Oral)

1. The petitioner was terminated from service on 31.12.1986 whereafter he filed a case challenging his termination before the Labour Court which too was dismissed vide order dated 07.05.2005.

2. Admittedly, the said award passed by the Labour Court was not challenged by the petitioner before any Court and thereafter he has submitted a representation to the authorities claiming that he should be reinstated as other persons have been reinstated. The respondents have rejected his application on the ground that the Labour Court had dismissed his case on 07.05.2005 and therefore he cannot be reinstated.

3. The petitioner has preferred this writ petition claiming parity.

4. I have considered the submissions and find that the removal order of 1986 was a subject matter of inquiry before the Labour Court, and the Labour Court has passed a judgment against the petitioner on MOHIT GOYAL 2023.09.21 17:19 I attest to the accuracy and integrity of this document

CWP-21045-2023 (O&M) 2023:PHHC:124249 07.05.2005 which has attained finality as the same is not under challenge in any Court of law.

5. In view thereof, no relief of reinstatement can be granted to the petitioner.

6. The writ petition is devoid of merits and is accordingly dismissed.

7. All pending applications also stand disposed of. (SANJEEV PRAKASH SHARMA) JUDGE September 21, 2023 Mohit goyal

1. Whether speaking/reasoned?

Yes/No

2. Whether reportable?

Yes/No MOHIT GOYAL 2023.09.21 17:19 I attest to the accuracy and integrity of this document