IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA LPA No. 93 of 2008 Date of Decision: 15.12.2011 1. Jagdish Chand S/o Shri Mast Ram R/o Village and P.O. Dhundan, Tehsil, Arki, District Solan. … Appellant Versus. 1. The Executive Engineer, H.P.State Electricity Board, Electrical Division, Tutu, District Shimla H.P. 2. The Sub Divisional Officer, H.P.State Electricity Board, Sub Division Dugnighat, P.O.Dhundan, Tehsil Arki, District Solan, H.P. 3. The Presiding Judge, H.P.Industrial Tribunal-cum-Labour Court, Shimla, District Shimla. H.P. …. Respondents. Letters Patent Appeal under Section 10 of the Letter Patent Act of Lahore High Court as applicable to the Hon’ble High Court of Himachal Pradesh appellate side Rules, against the judgement dated 10.01.2008 as passed by the learned Single Judge in CWP No. 1607 of 2007 in case The Executive Engineer and another vs. Jagdish and another with a prayer to set-aside the findings to the extent of seniority and back wages. Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. The Hon’ble Mr. Justice V.K.Ahuja, Judge. Whether approved for Reporting? No. For the appellant: Mr. B.S.Chauhan, Advocate. For the Respondents No. 1 & 2: Mr. Trilok Jamwal, Advocate. 2 Per Deepak Gupta, J.(Oral) 1. On an industrial dispute being raised by the appellant-workman a reference was made to the Labour Court. The Labour Court answered the reference partly in favour of the workman and held that the termination of the workman was not in accordance with law and ordered that he be reinstated in service without seniority and back wages. The workman did not challenge this award. However, the employer, H.P.State Electricity Board challenged the award by filing CWP No. 1607 of 2007. This writ petition was disposed of by the impugned order whereby the award was partly modified but the operative portion of the award i.e. reinstatement of the workman as Beldar without seniority and back wages was upheld. 2. The award of the Labour Court was never challenged by the workman and the challenge was only by the Electricity Board. Once the writ petition of the Electricity Board was virtually dismissed no further appeal lay on behalf of the 3 workman. Therefore, this appeal is rejected. No costs. ( Deepak Gupta ) Judge. 15th December, 2011 ( V.K.Ahuja ) ™ Judge.