Bahadur Singh vs State of H.P. and ors

Justice Kurian Joseph, C.J.—The writ petition is filed with the following prayer:

i. That the respondents may be ordered to regularize the services of the petitioner from the due date with all the benefits incidental thereof, as per the continuity granted as per the award.

The petitioner is a beneficiary of Annexure P-1, award, in reference No. 3 of 2008 on the file of Labour Court-cum-Industrial Tribunal, Dharamshala. The following is the relief:

RELIEF

Judged in the light of my findings on the issues above, the petition succeeds partly and is allowed in part. The petitioner is held entitled to continuity of service from the date of his engagement as daily waged beldar (4.1.1999). He is, however, held not entitled to wages for the periods of break in his service. Also, his claim that certain workers junior to him were retained, is rejected. The reference is answered accordingly. A copy of this award be sent to the appropriate Govt. for publication in the official gazette and the file after completion consigned to records.

Thus, for all purposes under law except back wages, the petitioner is deemed to be in continued service w.e.f. 4.1.1999. Therefore, the claim of the petitioner in terms of the policy available at the relevant time of regularization shall be considered and as rightly pointed out by the learned Additional Advocate General, subject to the availability of vacancy and without due regard to seniority. The needful orders in this regard shall be passed within a period of three months from the date of production of a copy of this judgment by the petitioner before the appointing authority.

The writ petition is disposed of, so also the pending application (s), if any.