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2005 Supreme(P&H) 796

S.S.NIJJAR, NIRMAL YADAV
Mangat Ram – Appellant
Versus
Haryana Vidyut Prasaran Nigam Ltd. – Respondent


Judgment

S.S.Nijjar, J.

1. The petitioner has admittedly worked with the respondents as a daily wager from 18.7.1982 till 29.4.1993 when his services were regularised. There is no break in service. His services were regularised while he was continuing on adhoc basis. He retired from service on 31.12.1997 on attaining the age of superannuation. At the time of retirement, the petitioner has worked with the respondents for a period of 15 years. He, therefore, claims the pension and other retiral benefits on the basis of aforesaid period of service.

2. The respondents have rejected the claim of the petitioner on the ground that the petitioner would not be entitled to count the period of daily wages service. This plea is also taken in the written statement filed by respondents.

3. Counsel for the petitioner submits that in view of the law laid down by the Supreme Court in the case of Bhagwati Prasad v. Delhi State Mineral Development Corporation, 1990 LIC 126 the period spent by the petitioner as a daily wager cannot be excluded from qualifying service at it was followed by regular service, which was continuous. Counsel also relied upon Single Bench judgment of this Court rendered in C.W



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