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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Sher Singh – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. condone fictional breaks for 240-day continuous service. (Para 1 , 2 , 3) |
| 2. state partially implemented relief, denied to some post-abolition. (Para 4 , 5 , 6 , 7 , 8) |
| 3. policies grant work charge status after 8 years service. (Para 9 , 10) |
Petitioner, Sher Singh and others, who are fourteen in numbers have initially filed OA No.747 of 2019, which upon abolition of State Administrative Tribunal stands transferred to this Court as CWPOA No.6425 of 2020, seeking the following reliefs:-
“(a) That the respondents may kindly be directed to regularize the period of fictional breaks given to the applicants in their daily waged services for the purpose of completion of 240 days in each calendar year in view of the judgment passed by the Hon’ble High Court of Himachal Pradesh in CWP No.711/2010 and other tagged matters of the applicants decided on 19.06.2010.
(b) That after regularization of the fictional breaks in daily waged services, the Applicants may kindly be held entitled for grant of work charge status/regularization of their service in terms of the law laid down in the judgments at Annexure A-2, A-3 and A-4 w.e.f. due date, with all con
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....
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....
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....
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....
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....
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 ....
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