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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Ranjeet Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. daily wager claims work charge post 8 years. (Para 1 , 2 , 3) |
| 2. state denies due to abolition, regularization. (Para 4 , 5 , 6 , 7) |
| 3. eligible for work charge status from 01.01.2003. (Para 8) |
JUDGMENT :
Ranjan Sharma, Judge
Petitioner, Ranjeet Singh had initially filed an Original Application i.e. OA No 6670 of 2017 before Learned Himachal Pradesh State Administrative Tribunal and upon abolition of the Tribunal, the same was transferred to this Court as CWPOA No. 3330 of 2020, seeking the following relief(s):
“(i). That the applicant is entitled for regularization in terms of judgment passed by the Hon’ble High Court in Rakesh Kumar vs. State of H.P. in CWP 2735/2010 decided on 28.07.2010 and followed by this Hon’ble Tribunal.
(ii). That the arrears w.e.f. completion of 8 years with interest may also be granted in favour of the applicant.
(iii). That the applicant be considered for regularization in term of Rakesh Kumar CWP 2735/2020 in completion of 8 years.
(iv). That the seniority and consequential benefits may also be granted in favour of the applicant w.e.f. after completion of 8 ears with 240 days in one calendar year.”
FACTUAL MATRIX:
2. Grievance is that the petit
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....
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 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 charge status after 8 years continuous service with notional pay fixation, annual increments prospectively sans arrears; such service counts for pensionary benefits.
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 granted work charge status after 8 years service entitled only to notional pay fixation benefits prospectively, without past arrears; such arrears to others deemed excess and recoverable....
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....
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....
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....
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