GANPAT Vs. HARYANA STATE ELECTRICITY BOARD AND ANR.

JUDGEMENT

(1.) THE petitioner has filed the instant petition for issuing direction to the respondents to grant pension and gratuity to him by treating him a regular employee in view of the Full Bench decision of this Court in Kesar Chand v. State of Punjab and Ors. : (1988)94 P.L.R. 223(F.B.).

(2.) CONCEDEDLY , the petitioner worked on work charge basis from 1.7.1961 to 30.11.1983, the date of his retirement. The petitioner claimed that even though he had rendered 22 years of service with the respondents, but his services were not regularized and he was retired as work charge employee. Consequently, the benefit of pension and gratuity was illegally denied to him.

(3.) VIDE order dated July 05, 2006, this writ petition was allowed ex -parte in absence of the counsel for the respondents while observing that the case of the petitioner is squarely covered by the decision of this Court in C.W.P. No. 7279 of 1989 decided on 19.2.1991. Subsequently, on Review Application No. 202 of 2006 filed by the respondents, the aforesaid order dated July 05, 2006 was recalled on the ground that the decision rendered in C.W.P. No. 7279 of 1989 was set aside in L.P.A. No. 310 of 1991 decided on 21.11.2001, and the said fact could not be brought to the notice of the Court as the counsel for the respondents was not present. The L.P.A. Bench set aside the order of the Single Bench dated 19.2.1991 in C.W.P. No. 7279 of 1989, while observing as under: