RAVINDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) UNDER Challenge, in these two petitions, are the Awards made by the Presiding Judge, H.P. Labour Court, Shimla, dated 4th December, 1999 in Reference No. 120 of 1997 and application No. 7 of 1997. THE BACKGROUND:

(2.) THE petitioner was employed as Beldar on daily rated basis by the District Horticultural Officer, Bilaspur (HP) on 3rd September, 1980. He filed a petition in this Court (CWP No. 139 of 1988), [ Ravinder Singh v. The State of Himachal Pradesh and Anr. ], claiming that though he was employed as Beldar but actual work taken from him was that of a clerk and not manual. It was his case that he discharged the duties and responsibilities as a Clerk till 5th August, 1987. He claimed wages, payable to a daily rated clerk, in view of the duties and responsibilities performed by him, for the period from 3rd September, 1980 to 5th August, 1987 based on the doctrine of "Equal Pay for Equal Work". A Division Bench of this Court by its Judgment 11th July, 1988 (Annexure P l) observed: In view of the position which emerges as aforesaid, it is not capable of being disputed that although the petitioner was engaged as daily rated Beldar, he actually discharged the functions and performed the duties of clerical nature during the relevant periods. No other conclusion is possible, on the facts and circumstances of the case, although a contrary version is set out in the affidavit in reply.

(3.) IN the year 1994 a Reference No. 37 of 1994 (Annexure P 4), was made to the H.P. Labour Court, Shimla, at the asking of the Udhayn Vibhag Mazdoor Union through its President and the General Secretary whereby certain demands, raised by the Union, were referred to the Labour Court. The grievance was that in spite repeated demands, of the members of the Union, the workmen having rendered service for several years have not been regularized under the Policy of Regularization of daily waged workers.