IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 1930 of 2009. Decided on: 15th December, 2011. Guman Singh s/o Sh. Bir Singh, r/o village Khaliachhon, P.O. Chhachheli, Tehsil Paonta Sahib, Distt. Sirmour, H.P.Ex.T-Mate, HPSEB Division Nahan, H.P aged about 37 years. ….. Petitioner. Versus 1. State of H.P. through Principal Secretary, Labour & Employment with Headquarter at Shimla, H.P. 2. The Labour Commissioner, Govt. of Himachal Pradesh, Shimla. 3. The HPSEB through its secretary, with Headquarter at Shimla, H.P. 4. The Executive Engineer, HPSEB Division, Nahan, H.P. 5. The Executive Engineer, HPSEB Division, Paonta Sahib, H.P. …… Respondents. Coram The Hon’ble Mr. Justice Sanjay Karol, Judge. For the petitioner : Mr. A.K Gupta, Advocate. For Respondents 1 & 2 : Mr. R.M Bisht, Dy.A.G with Mr. Vinod Thakur, Dy.A.G. For respondents 3 to 5 : Mr. Trilok Jamwal, Advocate ------------------------------------------------------------------------------------------ Sanjay Karol, J (oral) Petitioner is aggrieved since his dispute has not been referred to by the Labour Commissioner for adjudication before the Industrial Tribunal/Labour Court. It is seen from the impugned order that the Labour Commissioner has considered the demand and the report on 2 conciliation. It has been found that petitioner staked the claim only after 9 years of his disengagement. Therefore, the reference has been declined in light of the decision of this Court in M.C. Paonta Sahib vs. State of Himachal Pradesh. There is nothing on record to show that the dispute was otherwise kept alive. The claim has thus become stale. I find that recently a Full Bench of this Court has also taken the same view in Liaq Ram vs. State of H.P., decided on 6.1.2011. The issue is, thus, covered against the petitioner. The writ petition stands dismissed accordingly, so also the pending application, if any. 2. It is clarified that dismissal of the petition may not be taken as adjudication of the dispute on merits. 15th December, 2011 ( Justice Sanjay Karol ), (rana) Judge.