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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE SATYEN VAIDYA
Bhoop Singh – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Satyen Vaidya, J.
The instant petition has been filed for the following substantive reliefs:
(i) That the directions may kindly be issued to the respondents to regularize the services of the petitioner on completion of 8 years service from the year, 2003 as Beldar in view of the policy of regularization and in view of the judgment of the Rakesh Kumar (supra), immediately with all consequential benefits.
(i)(a) That the impugned office order dated 12.11.2020, Annexure P-6, issued by the Divisional Forest Officer, Kunihar Forest Division i.e respondent No.2, may kindly be quashed and set aside, being illegal and arbitrary.
(ii) That the respondents may also be directed to count the period during 2001 & 2002 spent by the petitioner under Sanjhi Van Yojna at Rampur for the purpose of completion of 240 days at par with other similar situate persons.”
2. The petitioner was engaged as daily wage Beldar under Kunihar Forest Division in the year 1984. Petitioner remained on daily wages till his retirement. According to the petitioner, he has retired on 30.06.2016, but the respondents have stated the date of retirement of the petitioner to be 30.06.2014.
3. The petitioner has been fighti
The court ruled that fictional breaks to deny service continuity are impermissible, affirming the right to regularization under the state's policy for continuous daily wage employees.
Once Government itself has framed policy of regularization and same is extended from time to time, then mere fact that there was a time gap in issuance of policy of regularization, which prescribed d....
The main legal point established is that the petitioner's services should have been regularized from 1.1.1999 as per the regularization policy, and the plea of delay and laches was rejected due to th....
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 : 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....
Point of Law : Court that practice of the respondent Corporation in not regularizing the service of the workmen even though they have completed eight years of service, amounts to unfair labour practi....
Disputed prior daily wage service claims require Industrial Tribunal adjudication, not writ court; post-1993 daily wagers entitled to work-charged status after 8 years continuous 240-days service wit....
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....
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