HET RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER was engaged as Mason on daily waged basis in the month of August, 1992 and worked for 116 /2 days during the year 1992. He has completed 240 days in the year 1993. However, the petitioner completed only 182 /2 and 229 /2 days during the years 1994 and 1995, respectively. Thereafter, he worked continuously for more than 10 years and has continuously completed 240 days in each calendar year.

(2.) CASE of the petitioner, in a nut -shell, is that he could not complete 240 days during the years 1992, 1994 and 1995, since he was sick. He furnished the medical certificate in respect of his illness in the year 2006, which, according to the petitioner, has not been considered by the respondents while taking decision for regularization of the petitioner. The Medical certificate was issued in favour of the petitioner by Block Medical Officer, CHC, Ratti. Therefore, it was incumbent upon the respondent -State to consider the medical certificate produced by the petitioner, before the decision was taken to regularize the petitioner in the year 2007. It is also clear that the continuous period was interrupted due to sickness of the petitioner. As per Section 25 B (I) of the Industrial Disputes Act, 1947 if it is established that the interruption has been caused due to sickness, the period in question will be counted and treated as continuous service.