THE H.P. STATE COOPERATIVE BANK LTD., THROUGH ITS MANAGING DIRECTOR, HEAD OFFICE, THE MALL, SHIMLA-171001 (HP) Vs. SHRI KUNDAN LAL, S/O SH. DAULAT RAM, R/O VILLAGE SOYAL, P.O. NERWA, TEHSIL CHOPAL, DISTRICT SHIMLA (HP),

JUDGEMENT

(1.) THE petitioner in the writ petition is the appellant. The writ petition was filed by the Bank challenging the orders passed by the Registrar, Cooperative Societies and as upheld by the Government. The issue pertains to the salary and other attendant benefits of respondent -workman in the post of Clerk. On the principle of 'equal pay for equal work', the same was granted and those orders have been ultimately upheld by the learned Single Judge. However, before parting with the judgment, it was also observed that it would be open to the bank to consider the regularization of the respondent -workman as Clerk, in case he was willing to forgo the arrears of salary as granted by the Joint Registrar (Marketing) vide his order dated 25.4.2006.

(2.) ON instruction, it is submitted that the bank is willing to consider the regularization of the respondent -workman, subject to the condition of his forgoing the arrears of salary.

(3.) TILL 24th July, 2008, the date of the judgment under appeal, the respondent -workman shall be treated as Sweeper and the salary and other benefits available to that post, if not already given, should be given to him. He shall be regularized as Clerk and he shall be given all the consequential benefits in that post w.e.f. 24th July, 2008.