Kurian Joseph, C.J.

Whether a workman is automatically entitled to back wages when there is retrospective regularization is the moot question to be considered in this case. Petitioner was a daily waged workman, originally regularized in December, 2002. However, pursuant to the decision of the Supreme Court in State of H.P. and others versus Gehar Singh (2007) 12 SCC 43 petitioner was granted retrospective regularization w.e.f. 1.1.2000. In the meanwhile petitioner had already retired from service at the age of 58 years since in the case of those who have been regularized after 10.5.2001, they were entitled to continue only up to attaining the age of 58 years. That retirement on the basis of the regularization originally granted w.e.f. December, 2002 took place in the year 2004. Retrospective regularization w.e.f. 1.1.2000 was granted in the year 2008. Now the submission of the petitioner is that he should have been continued up to the age of 60 years since all those who were regularized prior to 10.5.2001 are entitled to continue up to age of 60 years and that he should be granted all the consequential benefits.

2. There may not be any serious dispute as to the entitlement