ANIL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner was engaged daily wages as Electric Beldar in the respondent department, H.P. Public Works Department (PWD), on 1/3/1999 and during that year, he worked for 164 days only. In the year 2000 petitioner worked for 199 days, whereas, in the years 2001 and 2002, he worked only for 81 and 31 days respectively.

(2.) Petitioner was engaged in Tribal area where instead of 240 days, requirement of 180 working days is mandatory in each calender year for requisite number of years prescribed in the Policies/Schemes for regularization issued by Government of HP from time to time.

(3.) Engagement of petitioner as an Electric Beldar in the respondent department w.e.f. 1/3/1999 is an undisputed fact. As per Mandays Chart, produced on record by respondent Department, as Annexure R-2, in the year 1999, petitioner served only for 164 days whereas in the year 2000 he served for 199 days. In the years 2001 and 2002, he served for 81 and 31 days only. Thereafter, according to the respondents, he left the job and was re-engaged on muster roll on 19/2/2015 in terms of award dtd. 31/10/2014 passed by H.P. Industrial Tribunal-cum-Labour Court, Shimla in Reference No. 10 of 2012 (Annexure P-2) whereby respondents were directed to reinstate the petitioner in service from the date of termination i.e. 31/1/2002 with seniority and continuity but without back wages.