Kishori Lal vs State of H.P. and Others

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

i) That the Petitioner be ordered to be paid the gratuity with interest for daily wager as Beldar for daily waged period w.e.f. 01.01.1982 to 01.01.1994.

According to the Petitioner, the issue regarding entitlement for gratuity is covered by the decision of this Court in State of H.P. v. Lashkri Ram in CWP No. 150 of 2004 and followed in many other cases.

Taught Deputy Advocate General points out that the factual aspects are to be verified by the competent authority. The Petitioner submits that he would file an appropriate representation furnishing all factual details before the competent authority within a period of one month from today. It is always open for him to do so. In case the Petitioner is similarly situated, he will not be discriminated and the matter will be duly considered by the first Respondent/competent authority in the light of the judgment, referred to above, and appropriate action in accordance with law, by disbursing the eligible benefits by way of gratuity, will be taken within another three months from the date of receipt of the representation along with a copy of this judgment and a copy of the judgment, referred to above by the Petitioner.

With the above observations, the Writ Petition is disposed of, so also the pending application(s), if any.