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Joginder Singh vs State of H.P. and Others

High Court Of Himachal Pradesh · Decided on 24 June 2011 · Citation: (2011) 06 SHI CK 0226

HON’BLE JUDGES
Kurian Joseph, C.J · V.K. Sharma, J
CASE NUMBER
CWP No. 920 of 2011
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Judgment

6 paragraphs · 368 words

Kurian Joseph, C.J.—The Writ Petition is filed mainly with the following prayer:

i. That Respondents may be ordered to count the said period of dis-engagement towards seniority of the Petitioner for the purpose of conferring work charge status upon the Petitioner and grant work charge status on notional basis w.e.f. 1.1.1995 on actual basis w.e.f. December 3, 2000 with all the benefits incidental thereof.

2.

There is no reply as yet.

3.

The Petitioner essentially seeks the logical benefit of the award passed by the Labour Court. There is no dispute that he is one of the beneficiaries of the award. The Labour Court has ordered re-instatement with full back seniority. If that be so, he is covered by the judgment of this Court in Annexure P-2, dated 22.7.2010 in CWP No. 1291 of 2010. The text of the judgment reads as follows:

The Petitioners herein are covered by the respective awards passed by the Industrial Tribunal, Shimla. The Petitioners have been denied back wages. But, they have been granted the relief of re-instatement with continuity in service. The main grievance of the Petitioners is that the benefit of the award in the matter of continuity of service is not granted while considering the claim for conferment of work-charged status. Since the Industrial Tribunal has granted the continuity of service in the award and since the award has become final, the Petitioners are covered by the awards and are entitled to count their service for the purpose of conferment of work-charged status. Ordered accordingly and the Writ Petition is disposed of with a direction to the second Respondent to count the period granted by the Industrial Tribunal - continuity of service- the period they were kept out of their work for the purpose of conferment of work-charged status. The needful as above, shall be done within a period of two months from the date of production of the copy of this judgment alongwith a copy of this Writ Petition.

4.

Therefore, this writ petition is disposed of in terms of the judgment, as extracted above. The consequential benefits shall be settled within a period of three months from the date of production of the copy of this judgment.