RAJINDER SINGH Vs. HARYANA VIDYUT PARSARAN NIGAM LIMITED

JUDGEMENT

(1.) All the petitioners claim that they are entitled to reckoning of the period of service as work charged employees in the total period of service for computation of pension. The Hon'ble Supreme Court held in Dakshin Haryana Bijli Vitran Nigam & others v. Bachan Singh, 2009 3 SCT 741 in Civil Appeal No. 4903 of 2009, dated 11.09.2009 that work charged employment which culminates in regularization of service and the employee is continued without any break, the entire period of service as a work charged employee shall also be counted. The petitioners claim that they are entitled to such consideration in terms of the decision of the Hon'ble Supreme Court.

(2.) The respondents shall, therefore, treat the writ petition itself as a representation and shall admit the petitioners to the pension scheme by including the number of years of service as work charged employees with the regular service subject to condition that any employer's contribution under EPF scheme shall be refunded by the petitioners on a demand by HVPNL. The consideration of the representation in the manner as directed shall be done within a period of eight weeks from the date of the receipt of the copy of the order.

(3.) The writ petition is disposed of at the state of admission even without having to serve the respondents, in view of the law stated by the Hon'ble Supreme Court which the respondents are bound to apply.