Bhagat Ram v. Himachal Pradesh State Electricity Board Ltd.
2014-04-21
DHARAM CHAND CHAUDHARY, SANJAY KAROL
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DigiLaw.ai
Judgment : Sanjay Karol J. (Oral) By means of present petition, preferred under Article 226 of the Constitution of India, petitioner seeks the following reliefs: “1. To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to grant work charged status to the petitioner on the post of T-Mate w.e.f. 16.2.1999 i.e. on completion of 10 years of service on daily wages with all consequential benefits after counting the period from 15.12.1993 till his reinstatement in the year 2009 during which period his services remained retrenched and were ordered to be reinstated by Award of the learned Labour Court-cum-Industrial Tribunal, Shimla with the benefit of seniority and continuity of service. 2. To award interest @ 12% per annum on the arrears of salary consequent to the conferment of work charged status w.e.f.16.12.99.” 2. Petitioner alongwith another was held entitled for reinstatement from back date without any benefit of back wages and also to seniority with continuity of service from back date, by the HP Industrial Tribunal-cum-Labour Court, vide its award passed in Reference No.48 of 2005, decided on 3.8.2009. 3. The Labour Court’s judgment has not been challenged further. Therefore, petitioner herein is required to be granted this benefit in the matter of continuity of service as he has rendered outside for the purpose of conferment of work charge status and other consequential benefits also, in view of the judgment passed by this Court in Ghanshyam v. State Electricity Board Ltd. And another, CWP No.4228/2010, decided on 23.7.2010, which was also followed in Palak Ram v. H.P. State Electricity Board Ltd. And another CWP No.5472/2012, decided on 18.7.2012, by the Division Bench of this Court, of which one of us (Dharam Chand Chaudhary, J.) was a Member. There shall also be a direction to the respondents to implement the judgment within three months from the date of receipt of a certified copy of this judgment. 4. With these observations/directions, the writ petition stands disposed of, so also the pending application(s), if any.