1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.359 of 2008 Decided on August 23, 2011 ________________________________________________________________ Agro Industrial Packaging India Ltd. …Petitioner. Versus State of H.P. & Others …Respondents. Coram The Hon’ble Mr. Justice R.B. Misra, Judge. The Hon’ble Mr. Justice Dev Darshan Sud, Judge. ¹Whether approved for reporting? For the petitioner: Mr.Hamender Chandel, Advocate. For respondent No.1 to 4: Mr.R.K.Sharma, Senior Additional Advocate General, with Mr.Rajinder Dogra, Additional Advocate General. For respondents No.5 & 6: Ms.Archana Dutt, Advocate. Justice R.B. Misra,J. (Oral) The present writ petition has been preferred against the order dated 8.1.2008, passed in OA No.516 of 2001 by H.P State Administrative Tribunal, Member, whereby the petitioner herein, namely, Agro Industrial Packaging India Ltd., was directed to give workcharge status to the private respondents, namely, Dharam Prakash and Gian Chand, w.e.f. 1.1.2004 with all consequential benefits. The scheme for regularization was prevalent in Agro Industrial Packaging India Limited. As per the scheme, an incumbent who has served continuously 10 years of service with a minimum of 240 days in a calendar year w.e.f. 1.1.1994 may be considered for regularization, without payment of 2 arrears. As such, an incumbent, who is daily wager, could be regularized as workcharge basis from 1.1.1994. Undisputedly, the case of the private respondent is that he had worked continuously for a period of 10 years, thereby discharging 240 days of working days in every calendar year and has completed 10 years of service from his deployment since 1.1.1994. As such, keeping in view the observations made by Hon'ble Supreme Court in Mool Raj Upadhyaya Versus State of H.P. and others, 1994 Sup.(2) SCC 316, vide impugned order dated 8.1.2008, the learned Tribunal has directed for considering the case of the private respondents for giving them workcharge status from 1.1.1994. In similar circumstances, this Court vide its order dated 26.10.2010, passed in LPA No.115 of 2009 (Agro Industrial Packaging India Ltd. Versus Jagdish Chand and others), has also approved the regularization of the daily wagers/muster-roll workers in Himachal Pradesh in reference to the scheme prevalent in Agro Industrial Packaging India Ltd. Therefore, we do not find any illegality and improbability in the order, as such, there is no occasion to interfere in the order dated 8.1.2008, accordingly the writ petition is dismissed, being devoid of any merits, so also the pending application(s). (R.B. Misra),J. (Dev Darshan Sud),J. 23rd August,2011 (Purohit)