Himachal Pradesh High Court Weekly Roundup April 29 - May 5, 2024

Nominal Index:M/s Pure & Cure Healthcare Pvt. Ltd V/s HPSEBL 2024 LiveLaw (HP) 15Pawan Sahni & others vs Satish Sharma & others 2024 LiveLaw (HP) 16Sh. Ramiya vs State of Himachal Pradesh & others 2024 LiveLaw (HP) 17Ranjeet Singh vs The Presiding Officer CGIT-cum-LC-1, Chandigarh and Ors 2024 LiveLaw (HP) 18The State of H.P. & another vs Prakash Chand 2024 LiveLaw (HP) 19Judgments/Orders:Electricity Dues Of Earlier Occupier Not Payable By Subsequent Occupier Without Creation Of Charge Under Transfer Of Property Act: HP High CourtCase Title: M/s Pure & Cure Healthcare Pvt. Ltd V/s HPSEBLCitation: 2024 LiveLaw (HP) 15Shedding light on the liability of buyers who acquire properties from auctions for inheriting the previous owner's electricity bills the Himachal Pradesh High Court ruled that electricity dues cannot be passed on to new occupants of a property if a charge wasn't created following the Transfer of Property Act and Companies Act.Baseless Allegations By Parties U/s 13(2), A&C Act Needlessly Tarnishes Reputation Of Arbitrators: Himachal Pradesh High CourtCase Title: Pawan Sahni & others vs Satish Sharma & othersCitation: 2024 LiveLaw (HP) 16The Himachal Pradesh High Court single bench of Chief Justice M.S. Ramachandra Rao held that there is a tendency of the parties to impugn the motives of Arbitrators without affording them the opportunity under Section 13(2) of the Arbitration and Conciliation Act, 1996. It held that such baseless allegations and accusations could needlessly tarnish the reputation of Arbitrators especially of retired High Court Judges and undermine the arbitration process.Discontinuation Of Establishment's Work Charge Status Does Not Disentitle Workmen From Attaining Work Charge Status: Himachal Pradesh High CourtCase Title: Sh. Ramiya vs State of Himachal Pradesh & othersCitation: 2024 LiveLaw (HP) 17The Himachal Pradesh High Court single bench of Justice Ajay Mohan Goel differentiated between the work charge status of an establishment and the work charge status of workmen. It held that the cessation of the establishment's work charge status does not negate the workman's right to conferment of work charge status upon completing the requisite service period.Industrial Disputes Act Time Consumed In Proceedings At Forum Lacking Jurisdiction Is Excluded From Limitation Period: Himachal Pradesh High CourtCase Title: Ranjeet Singh vs The Presiding Officer CGIT-cum-LC-1, Chandigarh and Ors.Citation: 2024 LiveLaw (HP) 18The Himachal Pradesh High Court single bench of Justice Sandeep Sharma held that if an applicant has diligently pursued a matter before a wrong forum and time was consumed in doing so, this time should be excluded from the limitation period before the forum with appropriate jurisdiction.The bench noted that the Workman could only approach the Industrial Tribunal after the expiry of 3 years because the matter was pending before the Labour Commissioner.Mere Plea Of Abandonment Not Sufficient, Employer Has To Prove Specific Notices Were Issued To Workman Asking Him To Join Duty: Himachal Pradesh High CourtCase Title: The State of H.P. & another vs Prakash ChandCitation: 2024 LiveLaw (HP) 19The Himachal Pradesh High Court single bench of Justice Sandeep Sharma held that mere plea of abandonment, if any, taken by the employer may not be sufficient to prove that workman abandoned the job. It held that it is incumbent upon the employer to place on record substantial evidence to prove that specific notice was issued to the workman before alleged abandonment advising/asking workman to join duty within stipulated period.

Himachal Pradesh High Court Weekly Roundup April 29 - May 5, 2024

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