SH. RAMIYA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition, the petitioner has, inter alia, prayed for the following relief:-

(2.) The case of the petitioner is that he was initially engaged as a beldar by respondent No.4 during the year 1982-83. His services were illegally dispensed with by the respondent-Department in the year 1987. Feeling aggrieved, the petitioner raised a demand under the provisions of the Industrial Disputes Act, 1947. This culminated into a reference being made by the Appropriate Government to learned Labour Court. The reference was answered by learned Labour Court in terms of award dtd. 26/2/2002 (Annexure P-1), wherein the petitioner alongwith other reference petitioners were held entitled to reinstatement with continuity and seniority from the date of receipt of the reference in the Court, i.e. 16/4/1998. Thereafter, the petitioner was reinstated in service and his services were regularized as a beldar w.e.f. 26/11/2008.

(3.) The petitioner in the year 2010 filed CWP No.5702 of 2010, praying for conferment of work charge status post completion of eight years of service. This Writ Petition was disposed of on 22/9/2010 by Hon'ble Division Bench of this Court with the direction that the matter be considered by the Department in light of the judgment of this court in CWP No.2735 of 2010, titled Rakesh Kumar vs. State of H.P. and others, decided on 28/7/2010 and connected matters. As nothing happened thereafter, the petitioner again filed an Original Application, i.e. O.A. No.6171 of 2016, titled as Sh. Ramiya vs. State of Himachal Pradesh and others, before learned Himachal Pradesh Administrate Tribunal. This Original Application was disposed of by learned Tribunal vide order dtd. 13/9/2018 (Annexure P-5), directing the Authorities concerned to decide the case of the petitioner in light of the judgment of the High Court in CWP No.2735 of 2010 (supra). Pursuant to these orders, vide Office Order dtd. 11/4/2019 (Annexure P-7), the case of the petitioner has been rejected by the Competent Authority by holding that the petitioner was granted seniority by learned Labour Court w.e.f. 16/4/1998 and therefore, the petitioner was not liable to be granted parity of Rakesh Kumar's case in Class-IV category as the work charge status was abolished on 19/4/2005 and converted into regular establishment by the Government.