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 with notional benefits only.

JUDGMENT :

Ranjan Sharma, J.

Petitioner, Lok Raj, initially filed CWP No. 1328 of 2013, which stood transferred to Himachal State Administrative Tribunal as T.A. No.1860 of 2015 and upon abolition of Tribunal, the matter was re-transferred to this Court, as CWPOA No.1537 of 2019, seeking the following reliefs:-

“(i). That the respondents may kindly be directed to treat daily wage service of the petitioner in continuity in the year 1994 keeping in view the medical certificate submitted by the petitioner.
(ii). That the respondent department may kindly be directed to grant the work charge status/regularization to the petitioner w.e.f. the year 1998 instead of the year 2007 with all consequential benefits like arrears, seniority and other service benefits as per the directions of the Hon’ble Apex Court in the interest of justice and fair play.”

FACTUAL MATRIX:
2. Grievance of the petitioner is that he was engaged as daily wage basis in 1988 in Forest Division Shimla and since then he had served under the respondents continuously. It is averred that during the year 1994, the petitioner fell ill due to which he could not complete 240 days of continuous service in the said year i.e. [1994]. Medical Certificates are annexed as [Annexure P-1]. It is averred that after giving benefit of period of ailment as in Medical Certificate [Annexure P-1], the entire service from 1988 may be counted and the petitioner may be granted work charged service/regularization from date of completion of 10 years of continuous daily waged service from 1998 instead of regularizing him from the year 2007 and then to grant the benefit of pay fixation from due date w.e.f. 01.01.1998 with all consequential benefits.

STAND OF RESPONDENT-STATE IN THE REPLY- AFFIDAVIT:
3. Pursuant to issuance of notice, the State Authorities have filed Reply-Affidavit dated 30.05.2013, of Conservator of Forest Shimla, Circle, Shimla.
3(i). Reply-Affidavit disputes the incumbency of the petitioner. Reply-Affidavit indicates that the petitioner was engaged as daily waged labourer in Dhami Range of Shimla Forest Division in 1994 and had completed only 164 days during 1994. Reply-Affidavit further states that the petitioner was neither eligible for regularization nor for work charge status from the date of completion of 10 years of continuous daily waged service w.e.f. 01.01.1998. Reply-Affidavit states that the petitioner had rendered 8 years of continuous daily wage service with 240 days from the year 1995 till 2006 and in terms of applicable regularization policy, the petitioner was regularized as Forest Worker upon completion of 8 years on 19.10.2007 [Annexure R-2].

REBUTTAL-REJOINDER BY PETITIONER:
4. Petitioner filed a rejoinder enclosing the Certificate dated 03.04.1993, [Annexure P-3] issued by Range Forest Officer Dhami, to show that the petitioner had worked on daily wage basis from 1988 to April 1993 with 240 days and in this background, the claim for regularization/work charge status from date of completion of 10 years of continuous daily waged service has been reasserted.

5. At the very outset, Learned Counsel for the petitioner, on Instructions, states that the petitioner shall be satisfied, in case, work charge status is granted to the petitioner w.e.f. 01.01.2003 i.e. from the date of completion of 8 years of continuous daily wage service with 240 days rendered from 1995 till 31.12.2002 with admissible service benefits. [Statement Taken on Record].

6. Heard, Ms. Archana Dutt, Learned Counsel for the petitioner and Mr. Navlesh Verma, Learned Additional Advocate General for the respondents-State.

ANALYSIS:
7. Taking into account the entirety of the facts and circumstances and the material on record, this C