HIDAYAT MASIH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is stated to have been inducted into the service of the Punjab Roadways, Batala Depot, as a Safai Karamchari, on daily wage basis on 1.1.1976, and must be deemed to have rendered continuous service ever since his entry into service in view of various orders passed by the Labour Court, Gurdaspur. The petitioner is stated to have been regularised in service w.e.f. 1.7.2003. Through the instant writ petition, the petitioner claims retiral benefits, including pension by taking into consideration the uninterrupted daily wage service rendered by him, immediately preceding his regularisation in service. Learned counsel for the petitioner points out, that on the issue in hand, the petitioner has addressed a legal notice dated 22.8.2005 (Annexure P-6). It is, however, pointed out, that no decision has been taken thereon till date.

(2.) Learned counsel for the petitioner states, that the petitioner will be satisfied, if the instant writ petition is disposed of with a direction to respondent No.3 i.e. the General Manager, Punjab Roadway, Batala Depot, Batala, requiring him to take a final decision on the aforesaid legal notice dated 22.8.2005 (Annexure P-6). Notice of motion.

(3.) On our asking, Mr. Ashok Aggarwal, Additional Advocate General, Punjab, accepts notice on behalf of the respondents. Learned counsel for the respondents states, that he has no objection to the disposal of the instant writ petition in terms of the prayer made by the learned counsel for the petitioner.