KALYAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The applicant herein has claimed the following reliefs:

(2.) In brief, the case of the applicant as made out in this Original Application is that the applicant joined Rosin and Turpentine Factory, Nahan as a skilled worker w.e.f. June, 1963 which was controlled by the Industries department at that time and later on the management of the said Factory was taken over by the Forest department and ultimately the services of the applicant were absorbed by the Forest Corporation in the year 1978 and the applicant has retired from service w.e.f. June 30, 1997. That as per the pension rules of Central Civil Service, which are applicable to the Government Departments in Himachal Pradesh also, the applicant was entitled to the pension on his absorption in the Corporation because as per the said pension regulations a Government employee who has been absorbed in any autonomous body or public undertaking is entitled to the pension if he had rendered minimum 10 years of service in the Government Department before his absorption in the said body or undertaking. The applicant had rendered more than 15 years of service before his services were taken over by the Corporation. That not to pay the pension by the Government to the applicant is unjustified, arbitrary and violative of Articles 14 and 16 of the Constitution, hence, this Original Application.

(3.) The claim of the applicant has been contested by the Respondents. In his reply, Respondent No. 1 has stated that the applicant was appointed as temporary unskilled worker on 17.7.1963. He was regularized as unskilled worker on 1.12.1964. At the time of transfer of Rosin and Turpentine Factory from Forest department to H.P. State Forest Corporation on 1.4.1974, the applicant was still unskilled regular worker. The applicant has retired from service by H.P. State Forest Corporation w.e.f 30.6.1997. H.P. Rosin and Turpentine Factory Nahan, remained under Industry/Forest Department up to 31.3.1974. Prior to 1.4.1974. Employees of the Factory were enjoying benefits as per standing order under Section No. 3 of Industrial Employment (Standing Orders) Act, 1946 which was got amended by the H.P. Forest Corporation in the year 1975. Since, there was no provisions for granting pension to the Factory workers under the Standing orders approved by the Government so applicant was not paid any pension as none of Factory workers was given benefits of pension at the time of retirement.