IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2305 of 2007 Date of decision: 10.1.2008 State of H.P. and others ..Petitioners Versus Gurdas Ram ..Respondent Coram The Hon’ble Mr. Justice Deepak Gupta, Judge. The Hon’ble Mr. Justice V.K. Ahuja, 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: None Per Deepak Gupta, J. (Oral) In this case the respondent-employee joined as daily waged beldar on 1.1.1990 and has thus completed more than one year of service as daily waged employee on or before 31st December, 1993. The learned Tribunal vide the impugned order has directed that his services be regularized on his completing 10 years of service following the judgment of the Apex Court in Mool Raj Upadhyaya Vs. State of H.P. and others reported in 1994 Supp (2) SCC 316. 1 Whether the reporters of the local papers may be allowed to see the Judgment? 2 In Mool Raj Upadhyaya’s case the Apex Court had passed the following directions:- “1. Daily wage/Muster Roll Workers, whether skilled or unskilled, who have completed 10 years or more of continuous service with a minimum of 240 days in a calendar year on December 21, 1993, shall be appointed as work charged employees with effect from January 1, 1994 and shall be put in the time scale of pay applicable to the corresponding lowest grade in the Government; 2. Daily wage/Muster Roll Workers, whether skilled or unskilled, who have not completed 10 years of continuous service with a minimum of 240 days in a calendar year on December 31, 1993, shall be appointed as work-charged employees with effect from the date they complete the said period of 10 years of service and on such appointed they shall be put in the time scale of pay applicable to the lowest grade in the Government; 3. Daily-wage/Muster Roll Workers, whether skilled or unskilled, who have not completed 10 years of continuous service with a minimum of 240 days in a calendar year on December 31, 1993, shall be paid daily wages at the rates prescribed by the Government of Himachal Pradesh from time to time for daily-wage employees falling in Class III and Class IV till they are appointed as work-charged employees in accordance with paragraph 2; 4. Daily-wage/Muster Roll Workers shall be regularized in a phased manner on the basis of seniority-cum- suitability including physical fitness. On regularization they shall be put in the minimum of the time scale payable to the corresponding lowest grade applicable to the Government and would be entitled to all other benefits available to regular Government servants of the corresponding grade.” 3 We have already held in CWP No. 778 of 2006 and connected matters that the employees who had completed one year of service as on 31.12.1993 were entitled to be placed on work charged basis on completion of 10 years’ of service in terms of para 2 of the scheme, as interpreted by the Apex Court in State of H.P. Vs. Gehar Singh reported in Latest HLJ 2006 (SC) 363. Admittedly, the employee in this case had completed more than one year of service prior to 31.12.1993, therefore, he is covered under para 2 of the scheme, as approved in Mool Raj Upadhyaya’s case and is also entitled to be placed on work charged basis with all consequential benefits on his completion of 10 years of continuous service on daily rated basis. The order of the learned Tribunal directing that the employee be granted work charge status on completion of 10 years’ continuous service as daily waged employees calls for no interference. The writ petition is without any merit and is rejected accordingly. ( Deepak Gupta ), J. January 10, 2008(K) ( V. K. Ahuja ), J. 4