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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Lok Raj – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner rebuts with 1993 certificate; accepts work charge from 2003. (Para 5) |
| 2. court considers facts; analyzes eligibility for regularization. (Para 6) |
| 3. surajmani in rem; direct representation based on mandays chart. (Para 8) |
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
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 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 (240 days/year), limited to notional benefits per Supreme Court; factual disputes on records deferred to authorities via ....
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....
Daily wagers entitled to work-charge status after eight years continuous service (240 days/year) with notional benefits only from due date; departmental lack of establishment immaterial; discriminato....
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 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.
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 condonation of fictional breaks for 240 days continuous service; work charge status after 8 years irrespective of establishment abolition; discriminatory denial quashed, gran....
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....
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