IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.1237 of 2010 with CWPs No.1238, 1239, 1240 and 1241 of 2010. Decided on: 20th April, 2010. 1. CWP No.1237 of 2010. Bhag Singh. Vs. State of H.P. and ors. 2. CWP No.1238 of 2010. Amar Singh. Vs. State of H.P. and ors. 3. CWP No.1239 of 2010. Kashi Ram. Vs. State of H.P. and ors. 4. CWP No.1240 of 2010. Sidhu Ram. Vs. State of H.P. and ors. 5. CWP No.1241 of 2010. Narain Dass. Vs. State of H.P. and ors. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. For the petitioner (s) : Mr. K.B. Khajuria, Advocate, in all the writ petitions. For the Respondents : Mr. R.K. Sharma, Sr. Addl. Advocate General. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The issue raised in these writ petitions 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 workers by the decision of this Court in State of Himachal Pradesh & others vs. Sarab Dayal in CWP No.180 of 2001 decided on 19.7.2007. 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 these cases also need not be taken to the Apex Court. Therefore, these writ petitions are disposed of, making it clear that in case the decision of this Court is implemented in the cases of the similarly situated persons, in the cases of the petitioners 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 cases and, therefore, it will be certainly open to the Authority concerned to examine whether on facts, Sarab Dayal’s case would apply to the petitioners. The writ petitions are disposed of. Dasti copy. (Justice Kurian Joseph), Chief Justice 20th April, 2010 ( Justice R.B. Misra ), (tr) Judge.