HARVINDER Vs. STATE OF H.P. AND ORS.

JUDGEMENT

(1.) THE Petitioner's prayer is that he joined as beldar and has completed 10 years of service on 2003 and was therefore due for grant of work charged status w.e.f. 1.10.1993 in accordance with the judgment of the Apex Court rendered in Mool Raj Upadhyaya v. State of HP & Ors : 1994 Supp (2) SCC 316. In Gauri Dutt and Ors. v. State of HP, Latest HLJ, 2008 (HP) 366 a Division Bench of this Court held that only those employees who had rendered at least one year's service prior to 31.12.1993 would be entitled to the benefit in view of the judgment rendered in Mool Raj Upadhyaya's case. It was held as follows:

(2.) IT is however clarified that the Petitioner shall be entitled to the benefit of the scheme(s) for regularization formulated by the State of Himachal Pradesh from time to time and therefore the Respondents are directed to consider the case of the Petitioner herein for conferment of work charged status subject to his eligibility in terms of the policy dated 3.4.2000 as explained in policy dated 6.5.2000 in view of the judgment delivered by this Court in CWP No. 2735 of 2010 and other connected matters. Needless to say that the question of conferment of work -charged status does not arise in case the establishment ceases to be a work charged establishment and hence, the conferment of the status will not arise after the abolition of the work -charged status of the establishment.