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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Vivek Singh Thakur, Ranjan Sharma
State of H.P – Appellant
Versus
Jogi Ram – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
Appellants-State by way of this appeal has assailed judgment dated 03.01.2024 passed by learned Single Judge, in CWP No.5920 of 2021, titled as Jogi Ram vs. State of H.P. and others, whereby after considering judgment dated 28.07.2010 passed in CWP No.2735 of 2010, titled as Rakesh Kumar vs. State of H.P. and others, and judgment dated 10.05.2018 passed in CWP No.3111 of 2016, titled as State of H.P. and others vs. Ashwani Kumar, respondents have been directed to grant Work Charge status to the petitioner from the date he had completed 8 years of service on daily wage basis, but restricting the financial benefits of such conferment of Work Charge status from3 years prior to filing of the petition.
2. The parties are being referred as per their status in the writ petition.
3. In the petition, principal and only argument to deny the Work Charge status to the petitioner was pressed by taking a plea that Department of Panchayati Raj has no Work Charge establishment.
4. Learned Single Judge has observed that no other contention was raised or urged.
5. In this appeal also main and only ground taken to assail the aforesaid judgment is that Panchayati Raj Depart
Work-charge status can be conferred after 8 years of service regardless of the existence of a work-charge establishment, as affirmed by established precedents.
Daily wage workers in Himachal Pradesh are entitled to work charge status from the completion of 8 years of service regardless of subsequent policy abolitions, affirming their rights under Articles 1....
The court ruled that employees must be granted work charge status from the date of completion of eight years of service to ensure fairness and prevent discrimination, aligning with Articles 14 and 16....
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....
Regularization of daily wagers cannot be denied on grounds of artificial breaks in service, as prior rulings establish entitlements based on completed service duration, irrespective of work charge es....
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 ....
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....
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....
Principle that work charge establishment was not a pre-requisite for conferment of work charge status.
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