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2012 DIGILAW 621 (HP)

Kishan Chand v. State of Himachal Pradesh

2012-09-24

RAJIV SHARMA

body2012
JUDGMENT Rajiv Sharma, Judge This matter was admitted on 13.6.2012 and the reply was directed to be filed. Despite reasonable opportunities, the respondents-State has not filed the reply. Consequently, the right to file reply is closed. 2. The State-Government has made the following reference to the Labour Court-cum-Industrial Tribunal by way of reference No. 176 of 2006. The learned Presiding Judge has passed the following award in favour of the workmen, the operative portion of which reads thus: “For all the reasons discussed above the act of the respondent in granting fictional breaks to the petitioners in the years 2003 and 2004 is held to be illegal and wrong. Consequently, the respondent is directed to consider the petitioners having completed 240 days in the year 2003 and 2004. In the case of petitioner Jhabe Ram it shall also include the year 1996. Needless to reiterate that all consequential benefits including regularization shall flow automatically in the aforesaid terms, though keeping in view the policy of the State formulated in this behalf. The reference is anwered accordingly. A copy of this award be sent to the appropriate Govt. for publication in the official gazette and the file after completion be consigned to the record room”. 3. Case of the petitioners, in a nut-shell, is that though they have completed 10 years uninterrupted service in the year 2003, 2004 and 2005 respectively, they have not been regularized. 4. Case of the respondent-State is that petitioners No. 1 and 2 have not completed 240 days in 2003 and 2004 and husband of petitioner No. 3 has also not completed 240 days in 1996 as well. However, fact of the matter is that as per the operative portion of the award, the act of the respondents-State of giving artificial breaks has been declared illegal and void. In other words, petitioners Krishan Chand and Roshan Lal have completed 240 days in 2003 and 2004 and the husband of the petitioner No. 3 has also completed 240 days in 2003, 2004 including the year 1996. 5. Consequently, the present petition is disposed of with a direction to the respondents-State to consider the case of the petitioners for regularization in consonance with the award dated 3.7.2010, within a period of 10 weeks from today. The pending application(s), if any, are also disposed of. No costs.