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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Saroop Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner claims work charge status from 2002 post 8 years service. (Para 1 , 2 , 3 , 4 , 5) |
| 2. state denies eligibility citing insufficient 240 mandays in years. (Para 6 , 7) |
Judgment :
Ranjan Sharma, J.
Petitioner, Saroop Singh, had initially filed Civil Writ Petition No.1632 of 2015 before this Court, and upon establishment of State Administrative Tribunal, the matter was transferred to Tribunal and now upon abolition of Learned Tribunal, the matter has come up before this Court, as CWPOA No.2046 of 2019, seeking the following reliefs:-
“(i). That writ in the nature of mandamus may very kindly be issued, directing the respondents to give the work charge status to the petitioner with all consequential benefits as Beldar with effect from the year 2002 and when they completed their 8 years service with 240 days as per the policy of the State Government and as per ration laid down in State of H.P. Versus Gauri Dutt and in view of the ratio laid down in Rakesh Kumar Versus State of H.P. Since the petitioner was engaged by the respondent department in the year 1994 and they worked as such with the respondent department till date and the petitioner has served as daily w
Daily wagers ineligible for retrospective work charge status or regularization without 240 days continuous service yearly over 8/10 years; fictional breaks plea inadmissible in writ if new in rejoind....
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 condonation of fictional breaks for 240 days continuous service; work charge status after 8 years irrespective of establishment abolition; discriminatory denial quashed, gran....
Writ courts refrain from adjudicating seriously disputed facts on continuous service days for daily wagers' regularization; relegate to Labour Court. Delay, laches, acquiescence bar relief after long....
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 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 waged workers entitled to work-charged status after 8 years continuous service (240 days/year); notional benefits include pay fixation and annual increments without past arrears.
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....
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 ....
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.
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