IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA C.W.P. No. 1024 of2008. Decided on: 18.06.2010. Executice Engineer, National Highway Division, H.P. PWD, Joginder Nagar, Distirct Mandi, H.P. ….Petitioner -Versus- Smt. Ghampi Devi. …Respondent Coram The Hon’ble Mr.Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the petitioner. : Mr. R.K. Sharma, Senior Additional Advocate General. For the respondent. : Mr. Rahul Mahajan, Advocate. Justice Kurian Joseph, C.J. (Oral): Petitioner-respondent has challenged Annexure P-1, award passed by the Industrial Tribunal-Cum- Labour Court, Dharamshala on 27.04.2006. The issue referred for award reads as follows: “Whether the termination of services of Smt. Ghampi Devi, W/o late Shri Kehnka Ram by the Executive Engineer, H.P. P.W.D. (National Highway) Division, Joginder Nagar, Distt. Mandi, H.P. w.e.f. May, 2000 on account of attaining the age of superannuation as alleged by the employer is proper and justified? If not, what relief of seniority, back wages, service benefits and amount of compensation the aggrieve workman is entitled to?” 2. The Labour Court answered the reference by passing the award for reinstatement with the back wages and continuity of service in favour of the respondent-workman. 3. The undisputed factual position is that the respondent-workman was only a daily waged Beldar. The contention of the learned counsel for the petitioner is that when she joined her services, there was no age for retirement. As already stated above, the workman was only a daily waged Beldar. There is no fixed tenure of service for such a daily waged workman and there are no conditions of service, except that for the days, they are allowed to work, they will earn the wages. We are informed that the policy of the State does not permit such a daily waged workman to work beyond the age of 60 years. Even otherwise, a daily waged workman cannot claim as a matter of right that he/she should be continued in service, in the absence of any service conditions, governing their engagement that they should be engaged in service despite their old age. If they are governed by a policy to have the service only up to age of 60 years, nobody can force upon the State to retain their services beyond 60 years. 4. However, we find force in one contention raised by the learned counsel for the respondent-workman that age should be determined on the basis of the entry in the register of births and deaths. Therefore, it is declared that the workman in this case shall be entitled to continue up to the completion of 60 years of age, such age being determined on the basis of the register of births and deaths. In case the workman has been disengaged prior to completion of such 60 years of age, it shall be taken that the workman had been wrongly disengaged before the said date of completion of 60 years and consequently, the workman shall be entitled to wages computed on daily waged basis till the actual attainment of 60 years computed based on the date of birth, as entered in the register of births and deaths. In the event of workman producing such a certificate from the Registrar of births and deaths, benefits, if any, on the basis of the declaration made above, shall be disbursed to the workman within two months. Subject to the above, the writ petition is allowed, setting aside the award. 5. The writ petition is disposed of, so also the pending application(s), if any. Copy dasti on usual terms. (Justice Kurian Joseph), Chief Justice. June 18, 2010. (Justice Rajiv Sharma ), (bhupender/veena)