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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
AJAY MOHAN GOEL
Bahadur Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-
“i) The respondents may kindly be directed to regularize the services of the applicant w.e.f. 01.01.2000 instead of June, 2017 by taking into account the service rendered by the applicant on daily wages basis w.e.f. 01.01.1990 onwards with minimum 240 days in each calendar year;
ii) The respondents be further directed to pay to the applicant all consequential benefits arisen out of grant of benefit of regularization w.e.f. 01.01.2000. The arrears of pay and allowances be ordered to be paid to the petitioner along-with interest @ 9% per annum.”
2. Brief facts necessary for the adjudication of this petition are that the petitioner was employed as a Beldar on daily wage basis with effect from 01.01.1990 and deployed as such at Dalikar Nursery under Range office, Pandoh, District Mandi, H.P. According to the petitioner, he continued to serve as such regularly with 240 days in each calendar year. Unfortunately, in the year 2003, he had to undergo treatment in a hospital on account of snake bite with effect from 16.05.2003 up to 25.05.2003 and in this particular year
The court ruled that a petitioner, employed as a daily wage worker, is entitled to regularization from an earlier date despite a shortfall of service days caused by health issues, emphasizing the Dep....
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....
The main legal point established in the judgment is that the denial of regularization to a daily waged worker, who fulfills the criteria for regularization as per the government's policy and when a p....
The main legal point established in the judgment is that continuous service as a daily wage laborer, completing the required days of work, entitles an individual to regularization as per the applicab....
Daily wage employees who meet the eligibility criteria under the Uttar Pradesh Regularization of Daily Wages Appointments on Group 'D' Posts Rules, 2001, are entitled to be considered for regularizat....
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....
Workers who complete requisite service cannot be denied regularization due to organizational restructuring or erroneous classification.
An employee, eligible for getting benefit under two Policies, shall be entitled for benefit of the Policy which is more beneficial to him/her. On notification/circulation/ adoption of new Policy, an ....
The continuation of service and accrued rights entitles a Daily Rated Worker to regularization, notwithstanding policy repeal.
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