Tikhu Ram vs State of H.P. and Others

Justice Kurian Joseph, C.J.—The Writ Petition is filed mainly with the following prayers:

i. Directing the respondents to regularize the service/grant of work charge status to the petitioner w.e.f. 1-7-1999 i.e. after completion of 10 years of daily wages continues service of the date when the persons junior to the petitioner have been regularized/granted work charge status considering his seniority as on daily wages basis since 1-6-1989 as per the award dated 1-9 2009 passed by Ld. Labour Court, Shimla in Reference No. 61/2007, titled as Tikhu Ram Vs Executive Engineer I & PH Division Nahan Distt. Sirmaur, H.P.

ii. In view of relief at (i) above, directing the respondents to grant consequential benefits flowing therefrom including seniority, arrears and also interest at the rate of 12% per annum from the due date till the date of actual payment.

Since the Labour Court has granted continuity in service, the petitioner shall be deemed to be in continuous service. Such period has to be counted for the purpose of 240 days in each calendar year, while considering the case of the petitioner for either conferment of work charge status or regularization. As rightly pointed out by the learned Additional Advocate General, the conferment of work charge status would be available after completion of ten years, including the said period but the regularization will depend on the availability of the vacancy. There will be a direction to the first/second respondent to look into Annexure P-5 and take appropriate action thereon in accordance with law and also in the light of the observations contained in the said judgment within a period of three months from the date of production of a copy of this judgment along with copy of the writ petition, by the petitioner before the second respondent. While considering the case of the petitioner as above, it shall also be considered whether the juniors to the petitioner have been regularized in service and if that be so, the petitioner shall be entitled to regularization from the date of regularization of his juniors.

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