CWP No.9442 of 2010 1 In the High Court of Punjab and Haryana at Chandigarh Date of decision: 28.09.2010 Hukam Chand Vs. Uttar Haryana Bijli Vitran Nigam Ltd. and others CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.SS Kharab, Advocate, for the petitioner. Mr.Narender Hooda, Advocate,for the respondents. PERMOD KOHLI, J. On 05.06.1981 the petitioner was appointed as Skilled Worker on daily wages in the office of respondent No.4. In the year 1993, the services of the petitioner were converted into Work-Charge basis. Thereafter he was regularised on 01.12.1993. He was also promoted to the post of Assistant Lineman and Lineman on 22.05.1997 and 07.11.2007, respectively. The petitioner retired from service on 28.02.2010 on attaining the age of superannuation. Vide instructions dated 06.08.1993 (Annexure P-1) the respondents took decision that the work charge service followed by regular service will be counted for the purpose of grant of the retiral benefits. Vide instructions dated 09.08.1994 (Annexure P-2) it was obligatory on the respondents to got noted these instructions from all the employees and acknowledge the receipt of the same from them. The sole grievance of the petitioner in the present writ petition is that the service rendered by him on daily wages from 05.06.1981 to 20.05.1993 and work charge service from 21.05.1993 to 30.11.1994 has not been taken into account for the purpose of grant of retiral benefits. The controversy involved in the present petition is no more res CWP No.9442 of 2010 2 integra having been settled by this Court in the case of Ram Kishan Vs. Dakshin Haryana Bijli Vitran Nigam Limited and others, decided on 09.09.2009, wherein it has been held as under:- “In view of the aforesaid legal position, learned counsel for the respondents is not in a position to sow any record whereby the aforesaid instructions were ever got noted from the petitioner. In view of this conceded factual position, this writ petition is allowed and the respondents are directed to allow the petitioner to exercise his option in accordance with the instructions dated 6.8.1993 and 9.8.1994, within a period of three months from today, and thereafter the work charge service of the petitioner be counted towards the pensionary benefits. It is made clear that in terms of the aforesaid instructions, the petitioner will deposit the employer's contribution of EPF with interest, immediately after exercising the option.” In the instant case, learned counsel for the respondents has not been able to show any record, whereby the instructions dated 6.8.1993 and 9.8.1994 were ever got noted from the petitioner. Consequently, this petition is allowed and the respondents are directed to allow the petitioner to exercise his option in accordance with the aforesaid instructions within a period of three months from today and thereafter, the respondents shall inform the petitioner regarding the amount of employer's contribution of EPF to be deposited by him within further CWP No.9442 of 2010 3 one month, which shall be deposited by the petitioner within two months thereafter. After the deposit of the said amount by the petitioner, the respondents shall count his daily wages service from 05.06.1981 to 20.05.1993 and work charge service from 21.05.1993 to 30.11.1993 followed by regular service towards his pensionary benefits and consequently release the enhanced amount without any delay. 28.09.2010 (PERMOD KOHLI) BLS JUDGE