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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Suresh Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. state admits service, denies work charge eligibility pre-2009. (Para 4) |
| 2. petition allowed: work charge from 2003, notional benefits. (Para 7) |
JUDGMENT :
Ranjan Sharma, J.
Petitioner, Suresh Sharma had initially filed an Original Application i.e. OA No 2223 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. 2059 of 2020, seeking the following relief(s):
“(a). That the present OA may kindly be allowed and directing the respondents to give regularization to the applicant with all consequential benefits as per ratio laid down in CWP No. 2735 of 2010, titled as Rakesh Kumar versus State of H.P. & Ors, along with connected matters, which was decided on 28.07.2010 by Hon’ble High Court of H.P and decision rendered by the Apex Court in Special leave to Appeal (Civil) No.(s) 21939-22009/2011, titled as State of H.P & Others versus Som Nath & Others, which was decided on 07.05.2013 as per the 8 years’ policy, as and when applicant has completed 8 years of service with 240 days since the applicant was engaged, with all consequential benefits with up to date interest, sen
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-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 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 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.
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....
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....
Labour Law – Claiming benefits - Petitioners can only be denied the interest on eligible benefits and not benefits as such, which accrued on them as per policy and under which policy, department was ....
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....
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