IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3855 of 2010 Date of decision: 4.10.2010. Arjun Kumar ….. Petitioner. Vs. State of H.P. & ors. …. Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner : Mr. Anup Rattan, Advocate. For the Respondents : Mr. R.K.Bawa, Advocate General with Mr. R.M. Bisht, Dy. Advocate General. Justice Kurian Joseph, C.J. (Oral) The writ petition has been filed with following prayers:- (i) That the respondents be directed to grant work charge status to the petitioner on completion of 10 years of service i.e. w.e.f. 2008. (ii) That the respondents be directed to allow the petitioner to continue to work as daily rated worker/Mazdoor till the work charge status is not granted to the petitioner. 2. In the reply at para Nos. 1 and 2 of preliminary objections, it is stated as follows:- 1. That the petitioner discloses no enforceable cause of action in favour of the petitioner and against the - 2 - respondents. On this score the petition is not competent and deserves dismissal. 2. Forestry works are generally seasonal, casual and time bound in nature. The workmen like the applicant are engaged against the work of seasonal nature as the forestry works are performed only intermittently during certain period of the year. These works include planting, nursery works, tending operations, fire control measures, maintenance operations etc. etc. Their duration is limited and varies generally from one week to two months depending upon the nature and extent of the area/works. Forestry works are not in operation round the year due to their seasonal nature and also availability of funds. The workers are employed at particular site depending upon the availability of works and funds at that site with a clear understanding and knowledge that the work on which they are engaged is not of a regular and permanent nature. 3. In case, the petitioner has any dispute with regard to factual position, as stated in the reply, it will be open to him to approach the 1st respondent and the matter shall be duly considered by the 1st respondent and appropriate action in the matter will be taken in accordance with law and justice within a period of four months from the date of production of a copy of this Judgement along with a copy of the writ petition by the petitioner. We make it clear that it will be open to the petitioner to workout his grievances under the provisions of Industrial Disputes Act, 1947, if so advised. - 3 - We also make it clear that in case there is work available, the petitioner shall be engaged in preference to fresh hands. 3. With the above observations, the petition stands disposed of, so also the pending application(s) if any. Copy dasti. (Justice Kurian Joseph), Chief Justice. October 4, 2010. (Justice Kuldip Singh), (Hem) Judge.