Executive Engineer, I and P. H. Division Padhar, District Mandi, H. P v. Judhya Devi
2012-01-05
KURIAN JOSEPH, RAJIV SHARMA
body2012
DigiLaw.ai
JUDGMENT : RAJIV SHARMA, J. 1. The State has challenged the award dated 25.05.2010 made by the H.P. Industrial Tribunal-Cum-Labour Court, Dharamshala, H.P. in Reference No. 128 of 2007. 2. Material facts necessary for the adjudication of this petition are that the husband of the respondent, Shri Shesh Ram was engaged on daily wage basis on 01.08.1991. He continuously worked till 12.04.2000. He died on 12.04.2000. The respondent raised an industrial dispute that her husband was liable to be regularized as Beldar w.e.f. 01.08.1999 after completion of 8 years service. Learned Labour Commissioner after the failure of conciliation, made the following reference to the learned Labour Court: Whether the demand raised by Smt. Judhya Devi, W/o late Shri Shesh Ram, Ex. Daily wages beldar from the Executive Engineer, I & PH Division, Padhar, District Mandi, H.P. for the post of work charge of heer husband late Shri Shesh Ram, who was entitled to be regularized as work charge beldar after completing of 8 years of continuous service as daily wages beldar w.e.f. 1.8.1999 in the pay scale of Rs. 2520-4140 is proper and justified? If yes, what relief of service benefits and amount of compensation and from which date Smt. Judhya Devi w/o late Sh. Shesh Ram is entitled for regular service after death of her husband from the above employer? 3. Respondent has filed a statement of claim, to which reply was filed by the State. The main ground taken in the statement of claim was that the petitioner's husband was to be regularized w.e.f. 1.4.1999 after completion of eight years' service. The respondent has relied upon the notification issued on 8th July, 1999. 4. Mr. R.K. Bawa, learned counsel for the petitioner has argued that in the instant case, the sanction was obtained by the department on 9.9.2002 and by that time, the respondent's husband had already died on 13.04.2000. 5. However, the fact of the matter is that the respondent's husband who has completed eight years continuous service with 240 days in each calendar year was entitled to be given the benefit under the notification dated 8th July, 1999. RW-1, Executive Engineer, I. & P.H. Division, Padhar has admitted in his crossexamination that as per notification dated 8th July, 1999 issued by the State, any person, who had completed eight years as on 31.03.1999, was eligible to be regularized. 6.
RW-1, Executive Engineer, I. & P.H. Division, Padhar has admitted in his crossexamination that as per notification dated 8th July, 1999 issued by the State, any person, who had completed eight years as on 31.03.1999, was eligible to be regularized. 6. The State has also admitted in the reply filed to the statement of claim that the husband of the respondent has worked continuously from 1992 to 31.12.1999 with 240 days in each calendar year and has completed more than 9 years service. The respondent's husband could not be denied regularization only on the ground that he has died before sanctioning of the posts on 09.09.2002. It was necessary for the petitioner-State to take immediate steps towards regularization of the workman, who had already completed 8 years as on 31.03.1999. There is neither any illegality nor procedural irregularity in the award dated 25.05.2010. 7. Accordingly, there is no merit in this petition and the same is dismissed, so also the pending application(s), if any.