Sita Ram vs State of H.P. and Others

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

i) That the action of the respondents may kindly be held illegal for not regularizing the petitioner on the ground of not mentioning the specific work i.e. Seniority in the Award dated 28.6.2006 passed by the Ld. Labour Court.

ii) That the writ of mandamus may kindly be issued to regularize the services of the petitioner w.e.f. the date, the person junior to the petitioner were regularized, i.e. January, 2010.

Inviting reference to the Award, it is pointed out that since there is direction for re-instatement from the date of termination, it should for all purposes be taken that the incumbent is entitled to all service benefits including seniority from the date from which he was terminated from service. We find force in the above submission. Since the re-instatement is said to be from the date of termination itself, the petitioner has submitted Annexure P-4 representation, before the third respondent. There will be direction to the 3rd respondent to take appropriate action on Annexure P-4 in the light also of the observations made in this judgment within a period of three months from the date of production of copy of this judgment alongwith a copy of the Writ Petition.