Mahesh Kumar vs State of Himachal Pradesh

Justice V.K. Ahuja, J.—The petitioner was appointed as daily rated Beldar with respondents No. 1 to 3 in the year 1997 and his services were terminated by the respondents on 31.3.2000 without any reason. The petitioner filed a petition before the erstwhile Administrative Tribunal, but since the Application was not maintainable before the Administrative Tribunal, the same was withdrawn. Thereafter, the petitioner approached the Labour Court by way of a claim petition. The Labour Court rejected the claim of the petitioner vide his order dated 29.7.2009 by holding that he had been engaged for seasonal work and for a specific period. The petitioner challenged the said award of the Labour Commissioner by filing the present writ petition. It is submitted by the learned counsel for the petitioner that after passing of the award by the Labour Court, the services of similarly situated persons were regularized by respondents No. 1 to 3. A reference has been made to the decision of a learned Single Judge of this Court passed in CWP No. 3557 of 2009, titled Pawan Kumar versus State of H.P. and others, decided on 14.7.2011. A copy of the said decision has been placed on record and it is submitted that the petitioner in that case, namely, Pawan Kumar was similarly placed, who had also challenged the award passed by the Labour Court, which was set aside in the above writ petition and the following directions were passed:

a) That the award of the Labour Court is set-aside;

b) That the order of termination of the services of the petitioner is also set-aside.

c) That the petitioner shall be deemed to be in service for the purpose of seniority and all other benefits except back wages.

d) That the petitioner shall be regularized from the date on which his immediate juniors were regularized.

e) That as far as back wages are concerned, the petitioner shall be held entitled to back wages w.e.f. 5th October, 2009 the date when he filed the present petition in this Court. The back wages be paid to the petitioner latest by 31st October, 2011 failing which the State shall be liable to pay interest @ 12% per annum w.e.f. 5th October, 2009.

The aforesaid judgment passed in the writ petition has been affirmed by a Division Bench of this Court vide judgment passed in LPA No. 23 of 2012, titled State of H.P. and others versus Pawan Kumar, decided on 20.3.2012, copy of which judgment has also been placed on record.

Accordingly, since the petitioner is also similarly placed and was employed by the respondents in the same Project, he is also held entitled to the same reliefs as granted in Pawan Kumar''s case (supra). As far as back wages are concerned, the petitioner shall be entitled to the same from the date of filing of the present writ petition i.e. 4.7.2010. The back wages of the petitioner shall be paid within a period of three months from today, failing which, the State shall be liable to pay interest at the rate of 12% per annum thereafter. The petition stands allowed accordingly and the award passed by the Labour Court stands set aside. All the pending application(s), if any, also stand disposed of.