IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 708/2007 Decided on:4.6.2010 _____________________________________________ Basant Singh. …Petitioner. Versus Bhakhra Beas Management Board and another. …Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 For the petitioner : Mr. Romesh Verma, Advocate For the Respondents : Mr. N.K. Sood, Advocate for respondent No.1. Mr. Sandeep Sharma, Assistant Solicitor General of India for respondent No.2. _____________________________________________________ Rajiv Sharma, Judge (oral). State had made the following reference to the Labour Court-cum-Industrial Tribunal: “Whether the retrenchment of Sh. Basant Singh son of Sh. Ram Sharan, Assistant Foreman from service w.e.f. 20.4.1984 by the Chief Engineer, BBMB, Sundernagar, District Mandi, H.P. is legal and justified? If not, to what relief Shri Basant Singh, is entitled to?” 1 Whether reporters of the local papers may be allowed to see the judgment? 2 The Labour Court recorded a finding that since the petitioner was not employee of the Bhakhra Beas Management Board (BBMB), the reference was bad in law. The employees of the Beas Construction Board have been termed/treated as Central Government Employees as per Jaswant Singh and others versus Unioan of India and others, AIR 1980 SC 115. Since the petitioner was never engaged by BBMB, the reference could not be made by the state Government by treating him an employee of BBMB. However, in the interest of justice, petitioner is permitted to raise the demand with the Central Government for the redressal of his grievance within a period of four weeks from today. Thereafter the Central Government, after completing all the codal formalities, will pass appropriate orders in accordance with law. It is also made clear that the question of delay and laches shall not come in the way of the petitioner since he has been pursuing the remedy in wrong forum. In the light of above, the petition is disposed of. No costs. (Rajiv Sharma), Judge 4.6.21010*awasthi*