IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. LPA No. 212 of 2010. Decided on: 9th March, 2011. Municipal Corporation, Shimla. ….. Appellant. Versus Shawanoo Ram & others. …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge. For the Appellant : Ms. Nishi Goel, Advocate vice Mr. Shrawan Dogra, Advocate.. For the Respondents : Mr. R.K. Bawa, Advocate General, with Mr. J.K. Verma, Dy. Advocate General, for respondents No.2 & 3. Mr. L.N. Sharma, Advocate, for respondent No.1. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) CMP (M) No.1013 of 2010. Heard. The delay in filing the appeal is condoned. The application is disposed of. LPA No.212 of 2010. The issue raised in this appeal pertains to the question whether 50% of the daily waged service is liable to be counted as qualifying service for the purpose of pensionary benefits. 2. We are informed that the issue is covered in favour of the worker by the decision of this Court in State of 2 Himachal Pradesh & others vs. Sarab Dayal rendered in CWP No.180 of 2001 decided on 19.7.2007. 3. It is pointed out that the matter is pending before the Apex Court. The parties agree that they will also be bound by the outcome of the decision, now pending before the Apex Court, so that the case also need not be taken to the Apex Court. Therefore, this appeal is disposed of, making it clear that in case the decision of this Court is implemented in the case of the similarly situated persons, in the case of the worker also, the judgment will be implemented expeditiously subject to the result of the matter pending before the Apex Court. We make it clear that we have not gone into the merits of the case and, therefore, it will be certainly open to the Authority concerned to examine whether on facts Sarab Dayal’s case would apply to the worker. 4. The appeal is disposed of, so also the pending applications, if any. (Justice Kurian Joseph), Chief Justice 9th March, 2011. (Justice V.K. Ahuja), (tr/vt) Judge.