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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Tilak Raj – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. daily wagers qualify for work charge after 8 years service. (Para 1 , 2) |
| 2. denial of actual arrears despite work charge grant. (Para 3 , 4) |
| 3. supreme court mandates notional benefits for daily wagers. (Para 5 , 6) |
| 4. state at liberty to recover excess payments later. (Para 7) |
| 5. work charge upheld; limited to notional benefits only. (Para 8) |
JUDGMENT :
Ranjan Sharma, J.
Petitioner, Tilak Raj, a Beldar (Class-IV) has come up before this Court seeking the following relief(s):
(i). That the respondents may very kindly be directed to grant work charge status/regularization to the applicant as Beldar w.e.f. 04.03.2002 as per 8 years regularization policy framed by the State Government in the year 2000 as well as judgment delivered by the Hon’ble High Court of Himachal Pradesh in CWP No.2735/2010 tiled as Rakesh Kumar versus State of H.P. decided on 28.07.2010, with all consequential benefits such as; arrears of pay for 5 years, pay fixation and seniority etc.”
FACTUAL MATRIX:
2. Grievance of the petitioner is that the petitioner was initially engaged as Beldar on daily wage basis w.e.f. 03.03.1994 in IPH Section Deothi Sub-Division No.1 in Rampur Circle, District Kinnaur. I
Daily wagers completing 8 years continuous service with 240 days/year entitled to work charge status from eligibility date but only notional benefits without actual arrears for irregular appointments....
Daily wagers entitled to work-charged status after 8 years continuous service from due date, restricted to notional pay fixation and increments sans past arrears, even post-regularization or absent w....
Daily wagers gain work charge status after 8 years continuous service (240 days/year), limited to notional benefits without arrears, even post-regularization or sans work charge setup.
Daily wagers entitled to work charge status from date of completing eight years continuous service (240+ days/year); later abolition ineffective; limited to notional pay fixation benefits without arr....
Daily wagers entitled to work-charged status after 8 years continuous service from due date with notional pay fixation benefits only, no past arrears, despite subsequent regularization or establishme....
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....
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....
Daily wagers entitled to work charge status after 8 years continuous service with notional pay fixation, annual increments prospectively sans arrears; such service counts for pensionary benefits.
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....
Daily wagers entitled to work-charged status after 8 years continuous service (240 days/year), limited to notional benefits per Supreme Court; factual disputes on records deferred to authorities via ....
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