Manga Ram vs State of H.P. and Others

Kurian Joseph, C.J.—The petitioner claims the benefit of Annexure P-1 award passed in reference No. 70 of 1996 on the files of learned Labour Court, Shimla. It is seen from the award that he has been reinstated with continuity in service and seniority but without back wages. Therefore, for all purposes except the actual back wages, the period between termination and reinstatement is to be counted as service including for the purpose of conferment of work-charge status. A similar issue was considered by this Court leading to Annexure P-2 Judgment passed in CWP No. 1291 of 2010, wherein it has been held 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 reinstatement 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 workcharged 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.

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

There will be a direction to second respondent/competent authority to look into the matter in light of Judgment referred to above after verifying the facts and take appropriate action in light of the law laid down by this Court in the above Judgment. This shall be done within a period of four months from the date of production of copy of this Judgment alongwith a copy of writ petition by the petitioner.