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AJAY MOHAN GOEL
Tota Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
1. Notice. Mr. Pushpinder Jaswal, learned Additional Advocate General, accepts notice on behalf of the respondents.
2. By way of this petition, the petitioner has prayed for the following reliefs:
(ii) That writ in the nature of mandamus may kindly be issued, whereby directing the respondents to grant the work charge status/regularization to petitioner immediately on completion of 8 years of daily wage service w.e.f. 01.01.2007 with 240 days in each calendar year, with all consequential benefits including pay fixation, pay arrears, increments, seniority and other benefits etc.”
3. The case of the petitioner is that he was initially engaged as a Majdoor on 01.04.1999. His services were regularized on 26.10.2009 after completion of ten years of daily wage service. He joined his duties as such on 27.10.2009. The petitioner filed CWP No. 6452 of 2012, praying for conferment of work charge status/regularization of service after completion of eight years of service. This Writ petition was disposed of by t
Delays defeat equity, and the doctrine of delay and laches should not be lightly brushed aside. Inordinate delay in challenging an order may lead to the dismissal of the petition.
Point of Law : Law of Limitation, is not applicable, however principle of delay and laches is attracted for adjudication of a petition under Article 226 of the Constitution of India. The petitioner m....
Point of Law : All the petitioners had completed 8 years daily wage service with 240 days in each calendar year before their deployment in the Printing and Stationry Department. If it is so, prayer f....
Principle that work charge establishment was not a pre-requisite for conferment of work charge status.
Point of Law : State or its functionaries invariably are adopting exploitative method in the field of public employment to avoid its liabilities, depriving the persons employed from their just claims....
Labour Law – Claiming benefits - Petitioners can only be denied the interest on eligible benefits and not benefits as such, which accrued on them as per policy and under which policy, department was ....
The central legal point established in the judgment is the entitlement of an employee to conferment of work charge status after completion of service, irrespective of the establishment being a work c....
Daily wagers ineligible for retrospective work charge status or regularization without 240 days continuous service yearly over 8/10 years; fictional breaks plea inadmissible in writ if new in rejoind....
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