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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Nokh Ram – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. casual laborers terminated upon reaching age 60. (Para 1 , 2 , 6) |
| 2. dispute over age limit rights for casual paid laborers. (Para 3 , 4) |
| 3. no vested right for casual laborers beyond superannuation age 60. (Para 5 , 7 , 8 , 9 , 10) |
| 4. writ petition dismissed for lack of merit. (Para 11) |
JUDGMENT :
Ajay Mohan Goel, J.
As the common issues of law and facts are involved in both these petitions, therefore, the same are being disposed of vide common judgment.
2. The petitioners before this Court are Casual Paid Labourers, who were working under 396 RMPL (GREF) (Dett Basantpur and others) under the jurisdiction of 68 RCC (GREF) as per the following details:-
“a) Petitioner No. 1.Shri Nokh Ram S/O Shri Brestu, age about 61 years, R/o Village - Hiun, PO: Reyog, Tehsil-Sunni, Distt Shimla (HP) not engaged with the BRO w.e.f. 28.01.2008, the said petitioner was engaged with this Org. on 22.07.2008 for 179 days only,
(b) Petitioner No. 2.Shri Narain Dass S/O Shri Jinu, age about 65 years. R/o Village Tarar, PO Basantpur Tehsil-Sunni, Distt - Shimla (HP) not engaged with the BRO w.e.f. 1970, the said petitioner was engaged with this Org. on 02.02.2007 for 179 days only,
(c) Petition
Casual paid labourers have no right to continue beyond age 60 absent material proof; judicial notice of 60 as superannuation age in central employment and physical fitness needs upheld termination.
The retirement age for Anganwadi workers is upheld at 65 years, with reinstatement ordered pending Supreme Court clarification.
The date of engagement is the decisive factor for determining the retirement age of a daily wage worker, and similarly situated employees should not face discrimination.
The date of engagement is the decisive factor for retirement age, and notional fixation of pay is important for pension calculation.
Class IV servants engaged part-time/daily wages prior to 10.05.2001 and regularized after retire at 60 years based on engagement date; retrospective notional benefits for pension to those retired ear....
The court emphasized that while employers have discretion in employment decisions, they must provide justifiable reasons for termination, particularly when recommendations for extension are made.
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