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Prithvi singh vs State of H.P. and others

High Court Of Himachal Pradesh · Decided on 9 November 2011 · Citation: (2011) 11 SHI CK 0188

HON’BLE JUDGES
Rajiv Sharma, J · Kurian Joseph, J
CASE NUMBER
CWP No. 5205 of 2011
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Judgment

9 paragraphs · 373 words

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

(i) That the respondents may be ordered to grant work charge status to the petitioner w.e.f. 1.1.1998 notionally and w.e.f. 14.7.2003 the date on which the petitioner resumed his duties with actual benefits such as full back wages, seniority, pay fixation and other service benefits etc.

2.

This case has a chequered history. The petitioner approached the Labour Court, when he was retrenched from service in the year 1987. According to the petitioner, he had been in daily wage service right from the year 1984. The Labour Court passed the award dated 30.4.2003 in Reference No. 170 of 1998 on the file of the Labour Court, Shimla. The Labour Court ordered as follows:

In the result, the reference is answered in affirmative entitling the petitioner to re-instatement in service with effect from the date of reference, that is, 24.8.1998.

That award has become final. Therefore, the petitioner has to be deemed to be in continuous service, w.e.f. 24.8.1998. According to the petitioner, on completion of eight years of such continuous service, he is entitled for regularization. Such regularization has been granted in the case of others also.

3.

Learned Additional Advocate General submits that the regularization would depend on availability of vacancy and it is not automatic on completion of eight years continuous service. Eight years of continuous service will not make a workman eligible to claim regularization after completion of eight years of continuous service w.e.f. 24.8.1998, subject to availability of vacancy and subject to the seniority.

4.

In the process, as above, the petitioner shall also be in continuous service even after 2003 in view of the award dated 25.9.2008 in Reference 33 of 2006 by the Labour Court, Shimla, wherein, it has been held that the retrenchment of the petitioner w.e.f. 31.7.2003 was held illegal and that the petitioner was deemed to be in continuous service. That award has also become final.

5.

The needful, as above, shall be done by the second respondent within a period of three months from the date of production of a copy of this judgment by the petitioner.

6.

The writ petition is disposed of, so also the pending applications, if any.