Back
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
Bihari Lal – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Ranjan Sharma, J.
Petitioner, Bihari Lal, and three others have come up before this Court, seeking following reliefs:-
“(i). That the respondents may be ordered to regularize the services of the petitioners/grant work charge status, as per the policy, from the dates they completed eight years, with all benefits incidental thereof.”
FACTUAL MATRIX
2. Precisely, the case as set up, Learned Counsel is that the petitioners were engaged on daily wage basis w.e.f. 01.01.1993 and were granted workcharge status w.e.f. 01.01.2003 in terms of order dated 28.03.2008 [Annexure R-I] on completion of 10 years of continuous service, whereas, the daily wagers who were engaged subsequently on or after 01.01.1994 and had rendered continuous service of 240 days during the year 1994 were granted work charged status on completion of 8 years continuous service w.e.f. 01.01.2002 or during the year 2002.
In these circumstances, the petitioners claim work charge status from the date of completion of eight years of continuous service at par with juniors [engaged in 1994] who were granted work charged status w.e.f. 01.01.2002 or from the date the juniors were granted benefits with all consequential bene
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....
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....
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 : 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....
The court affirmed that employees similarly situated must receive equal benefits, emphasizing non-discrimination in service matters under Articles 14 and 16 of the Constitution.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
