LAWS(HPH)-2022-2-18

PADAM LAL Vs. STATE OF HIMACHAL PRADESH

Decided On February 05, 2022
PADAM LAL Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Services of the petitioner were regularized on 18/1/2007 after completion of 10 years of continuous daily wage service. He retired from service on 17/4/2017. All retiral benefits were paid to the petitioner by the respondents. The grievance of the petitioner raised in the instant petition is that while calculating his retiral benefits, the respondents have not paid him gratuity for the daily wage service rendered by him. In the aforesaid background, this writ petition has been filed for the following relief :-

(2.) Learned counsel for the petitioner submitted that the respondent department has already granted the benefit of gratuity of daily wage period to various other workman/similarly situated persons. That the petitioner has been discriminated viz-a-viz similarly situated persons in respect of release of gratuity for the daily wage service rendered by him. It has further been submitted that case of the petitioner is squarely covered by 2008 (1) S.L.C. 245, titled State of H.P. Vs. Lashkari Ram. Learned counsel for the petitioner submitted that the petitioner would be content in case respondents are directed to decide his case for grant of gratuity in accordance with the aforesaid decision. The respondents have no objection in considering the case of the petitioner in light of the judgment rendered in Lashkari Ram's case.