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HIMACHAL PRADESH HIGH COURT
HON’BLE MR.JUSTICE DEEPAK GUPTA & HON’BLE MR. JUSTICE V.K.AHUJA, JJ.
STATE OF H.P. AND OTHERS
Petitioners
VERSUS
RAGHUBIR SINGH & ORS.
Respondents
CWP No. 2005 of 2007
Decided on 6-1-2010.
Regularization - Work Charge Status - The court upheld the Tribunal's order granting work charge status to the applicant based on the scheme of regularization approved by the Apex Court in Mool Raj Upadhyaya Vs. State of H.P & others, 1994 Supp(2) SCC 316, which covered employees who had worked for at least one year prior to 31.12.1993.
Fact of the Case:
The State filed a writ petition against the Tribunal's order directing the grant of work charge status to the applicant after completing 10 years of service with 240 days in each calendar year.
Finding of the Court:
The court dismissed the writ petition, affirming the Tribunal's order, as the respondent's case was squarely covered by the judgment in Gauri Dutt and ors. Vs. State of H.P, 366 LHLJ 2008(1), which held that employees who had worked for at least one year prior to 31.12.1993 are covered by the scheme of regularization.
Issues: Interpretation of the scheme of regularization approved by the Apex Court and whether the respondent's case falls within its ambit.
Ratio Decidendi: The court relied on the judgment in Gauri Dutt's case to determine that the respondent's completion of 240 days of service prior to 31.12.1993 made the case squarely covered by the scheme of regularization.
Final Decision: The writ petition was dismissed, and all pending CMPS were disposed of in view of the dismissal of the main petition.
Per Deepak Gupta, J.(Oral)-The State has filed this writ petition against the order of the learned Tribunal whereby a direction has been given to grant work charge status to the applicant from the date he completed 10 years of service with 240 days in each calendar year within a period of six months from the date of the order passed by the Tribunal.
2. The question as to which employees are covered by the scheme of regularization approved by the Apex Court in Mool Raj Upadhyaya Vs. State of H.P & others, 1994 Supp(2) SCC 316 was considered by us in a detailed judgment in Gauri Dutt and ors. Vs. State of H.P, 366 LHLJ 2008(1). We had held that all those employees who had worked for at least one year prior to 31.12.1993 are covered by the said scheme. Admittedly the respondent in this case had completed 240 days of service prior to the said date. Therefore, this case is squarely covered by the judgment rendered by us in Gauri Dutt’s case supra. Therefore, there is no error in the order of the learned Tribunal. The writ petition is accordingly dismissed. No order as to costs.
3. In view of the dismissal of the main petition, all the pending CMPS, if any, shall stand disposed of.
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