Harbans Lal vs State of H.P. and Others

Deepak Gupta, J.—By means of this petition, Petitioner prays that he may be granted work charge status on completion of 10 years uninterrupted service of 240 days in each Calendar year in view of the law laid-down by the Apex Court in Mool Raj Upadhyaya Vs. State of H.P. and Others,

The Respondents have filed man days chart of Petitioner which shows that w.e.f 1990 the Petitioner has worked for 240 days uninterruptedly in each calendar year for more than 10 years. Therefore, he was entitled to grant of work charge status from 1.1.2000. This is strictly in accordance with the law laid-down by this Court in Gauri Dutt and Ors. v. State of H.P 2008 (1) LHLJ 366 wherein this Court held that all those daily wager labourers of the state Government who had worked for 240 days in a year prior to 1.1.1994 and had completed 10 years of uninterrupted service were entitled for the grant of work charge status. Accordingly, the Respondents are directed to grant work charge status to the Petitioner w.e.f 1.1.2000 with all consequential benefits. It is made clear that the monetary benefits shall be calculated only w.e.f 1.4.2007 i.e. 3 years prior to the date on which the present petition was filed before the Tribunal.

The petition is allowed in the aforesaid terms. No costs.