STATE OF HIMACHAL PRADESH Vs. JIYA LAL

JUDGEMENT

(1.) Petitioners have assailed order dtd. 15/12/2017, passed by learned H.P. State Administrative Tribunal in O.A. No. 3475 of 2015. 2. Admitted facts of the case are that the respondent was engaged as daily wage workman by petitioner No.2 in the year 1991. From 1991 till 2006, respondent worked for 240 days in each calender year except for the year 1994 when he worked only for 228 days. The services of the respondent were regularized w.e.f. 26/10/2006 on the basis of regularization policy dtd. 9/6/2006. Respondent attained the age of superannuation on 30/4/2013. 3. Respondent approached this Court by filing CWP No. 9528 of 2013 claiming regularization w.e.f. 1/1/2000 in view of Mool Raj Upadhayay's case. He also claimed pensionary benefits. Respondent claimed benefit of Sec. 25 (B)(1) of Industrial Disputes Act, on the basis of his illness w.e.f. 2/5/1994 to 31/8/1994. CWP No. 9528 of 2013 was transferred to learned H.P. State Administrative Tribunal and was registered as O.A. No. 3475 of 2015. 4. The claim of the respondent was contested by petitioners before learned H.P. State Administrative Tribunal on the ground that the respondent was not entitled to the benefit of Sec. 25(B)(1) of Industrial Disputes Act, as he had not reported his ailment within time and his plea was just an after thought. 5. Learned H.P State Administrative Tribunal disposed of O.A. No.3475 of 2015, vide impugned order dtd. 15/12/2017, in following terms:-