IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA. CWP NO.19 of 2006. Date of Decision: 29.4.2008 _____________________________________________________ State of H.P. & Ors. …. Petitioners Versus Sant Ram ……. Respondent. Coram The Hon’ble Mr. Justice Deepak Gupta, J. The Hon’ble Mr. Justice Kuldip Singh, J. Whether approved for reporting? No For the Petitioners: Mr.R.M. Bisht, Dy. Advocate General. For the respondent: Mr. Rahul Mahajan, Advocate. Deepak Gupta, Judge (Oral) This writ petition is directed against the order of the learned H.P. Industrial Tribunal-Cum-Labour court, Shimla whereby he directed the respondent (petitioners herein) that the service of the petitioner be regularized w.e.f. 1.1.2000. The following reference was made by the Government to the Labour Court for adjudication:- (i) Whether the demand of the General Secretary, Himachal Pradesh A.I.T.U.c Saproon, District Solan, Himachal Pradesh vide demand notice dated 25.10.99 for regularization of the services of the work man Sh. Sant Ram S/o Shri Daya Ram by the Divisional Forest Officer, Kunihar, District Solan, Himachal Pradesh is proper and justified? If yes, from which date the above workman is entitled to be regularized and what other service benefits he is entitled to? ________________ whether reporters of Local Papers may be allowed to see the Judgment? Yes There is some dispute as to whether such dispute can be referred to a Labour Court or not. However without going into the question whether such a dispute could be referred we are of the view that in view of the law laid down by the Apex Court in State of H.P. vs. Gehar Singh Latest HLJ 2006 (SC) 363 and by this Court in CWP No. 778 of 2006, titled State of H.P vs. Gauri Dutt decided on 29.12.2007, the respondent is entitled to the benefit of regularization on completion of 10 years uninterrupted service as daily wages. It is apparent that from 1.1.1994, the respondent has continuously worked for more than 240 days in a calendar year, Mr. Rahul Mahajan, Advocate has stated that his client will be satisfied, if his services are regularized with effect from 1.1.2004 and shall not insist on the relief as granted by the learned Labour Court. Keeping in view the fact that the respondent had completed 10 years uninterrupted service as daily waged worker on 31.12.2003, we modify the order of the learned Labour Court and direct the petitioners to regularize the services of the respondent w.e.f. 1.1.2004. The writ petition is disposed of in the aforesaid terms. No costs. ( Deepak Gupta), Judge (Kuldip Singh), Judge April 29, 2008 (sks)