IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA. CMPMO No.426 of 2009 Date of Decision : 26.6.2009 Dinesh Kumar …Petitioner. Versus: Executive Engineer …Respondent. Coram: The Hon’ble Mr.Justice Sanjay Karol, J. Whether approved for reporting?1 No For the petitioner: Mr. Avinash Jaryal, Advocate. For the respondent: Mr. Vivek Thakur, Addl. A.G with Mr. J.S. Rana, Asstt. A.G. Sanjay Karol, J. (Oral) The petitioner herein has assailed the impugned order dated 24.2.2009 passed by the Presiding Judge, Labour Court-cum-Industrial Tribunal, Dharamshala, H.P. The petitioner in his claim petition has specifically averred that the respondent-State has been providing fictional breaks so as to ensure that the petitioner does not complete 240 days in each calendar year and consequently claim right of 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 regularization in accordance with the Policy of the State Government. In view of the denial of the same by the respondent, in my considered view, the issue with regard to the same ought to have been framed by the Tribunal. Impugned Order dated 24.2.2009 rejecting the petitioner’s request for framing the said issue is, therefore, set aside. The Tribunal is directed to frame an issue based on the pleadings of the parties and adjudicate the same in accordance with law. The petition stands disposed of, so also the pending application. ( Sanjay Karol ), Judge. June 26, 2009. (rana)