IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 192 of 2007 Date of decision:28.4.2008 State of H.P. and others ..Petitioners Versus Kurum Dutt ..Respondent Coram The Hon’ble Mr. Justice Deepak Gupta, Judge. The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the Petitioners: Mr. R.K.Bawa, Advocate General with Mr. R.M.Bisht, Deputy Advocate General For the Respondent: Per Deepak Gupta, J. (Oral) By means of this writ petition the petitioner- State has challenged the order of the learned Tribunal whereby the learned Tribunal has directed that half of the service rendered by the workman on daily wages may be counted and full service as a regular workman may be counted for pensionery benefits. Admittedly the dispute is squarely covered by the decision of this court, dated 19th July, 2007 in CWP No. 180 of 2001, State of H.P. and others Vs. Sarab Dayal wherein we had held as follows:- 1 Whether the reporters of the local papers may be allowed to see the Judgment? 2 “We are, therefore, of the considered view that 50% of the continuous service rendered by the employees on daily rated basis followed by work charge/regular employment should be taken into account while calculating the qualifying service for purposes of entitlement to and the amount of pension to be paid to them. In the present case the workman was engaged on daily wages w.e.f. 1.1.1984 to 31.12.1993 and was appointed as work charge mason on 1.1.1994. He rendered 10 years of service on daily wages. Thereafter he retired on 30.6.2003 after rendering 9 years and 6 months service on regular basis. Half of his service rendered on daily wages works out to 5 years, therefore, the total service to be reckoned for pensionery benefits works out to 14 years and 6 months. Therefore, there is no error in the order of the learned Tribunal and the writ petition is accordingly rejected. ( Deepak Gupta ), J. April 28, 2008(K) ( Kuldip Singh ), J.