IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No.4085 of 2008(OA(M) No.185/97 Judgment reserved on 16.6.2009 Date of decision: 30.6.2009 Thakru …….Petitioner. Vs. State of H.P. and Ors ....….Respondents Coram: The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No ------------------------------------------------------------------------------------------- For the Petitioner : Mr. Tek Chand Sharma, Advocate. For the Respondents : Mr. Anshul Bansal, Addl. Advocate General. Kuldip Singh, Judge The Petitioner had filed Original Application being OA(M) No.185 of 1997 before Himachal Pradesh Administrative Tribunal which was abolished vide notification dated 8th July, 2008. Thereafter, the Original Application was transferred to this Court in view of the Himachal Pradesh Administrative Tribunal (transfer of decided and pending cases and applications) Act, 2008 and was registered as CWP(T) No.4085 of 2008. Whether the reporters of the local papers may be allowed to see the Judgment? Yes 2 2. The petitioner through the present petition has sought a direction to the respondents to pay wages of carpenter grade-I at the rate of Rs.83.25 to petitioner w.e.f. 1.1.1994 in accordance with letter dated 7.3.1995, Annexure A-3. The prayer for regularization of service of the petitioner as carpenter grade-I as per his seniority and scheme has also been made. 3. It has been pleaded that the petitioner was appointed as carpenter grade-I by the respondents on 1.11.1989. The petitioner ever since his appointment was paid the wages of a carpenter grade-I and he was also issued muster roll of a carpenter grade-I. The Engineer-In-Chief, HP. PWD had issued letter dated 7.3.1995, Annexure A-3 with enclosure indicating increase of wages w.e.f. 1.1.1994, carpenter grade-I has been shown at serial No.93 with wages Rs.83.25 per day. It has been pleaded that after 7.3.1995 the petitioner has been paid Rs.57.95 per day instead of Rs.83.25 per day. The petitioner is discharging the duties of carpenter grade-I regularly and continuously since November, 1989. One Pawan Kumar, carpenter grade-I filed OA No.1542 of 1990 before erstwhile Tribunal which was decided on 6.12.1996. The Tribunal vide judgment dated 6.12.1996, Annexure A-1 allowed wages to Pawan Kumar at the rate of Rs.83.25 as carpenter grade-I. The case of the petitioner is similar to the case of Pawan Kumar. 4. The respondents in their reply have pleaded that petitioner had worked as carpenter Ist Class in the department from May 1990 to January 1995 and he was paid wages at the rate of Rs.40/- per day. The respondents in their reply to sub para (ii) of para-6 of the petition have not specifically denied that petitioner was 3 engaged carpenter grade-I in the department w.e.f. 1.11.1989. It was, however, pleaded that petitioner cannot be allowed the rate of carpenter grade-I as he falls under the category of semi skilled worker. It was pleaded that petitioner is not an ITI trained carpenter, therefore, he was rightly granted rate of carpenter grade–III at the rate of Rs.57.95 per day. It has been pleaded that notification dated 7.3.1995 has been superseded by notification dated 6.11.1996 which has been made applicable w.e.f. 6.11.1996. 5. Heard and perused the record. Insofar relief of regularization of service of the petitioner is concerned, the petitioner has not placed relevant material on record, and therefore, for want of material, the relief of regularization of the service of the petitioner cannot be ordered in the present petition. 6. The Tribunal in OA No.1542/90 vide order dated 6.12.1996 has allowed Rs.83.25 per day to First Class daily wage carpenter in view of letter dated 7.3.1995 of Engineer-In-Chief, HP PWD w.e.f. 1.1.1994. It has not been denied that the petitioner had been working as carpenter grade-I, the category of carpenter grade–I as per letter dated 7.3.1995, Annexure A-3 is entitled to increased wages w.e.f. 1.1.1994. The letter dated 7.3.1995 does not make any distinction between skilled and semi skilled carpenter. The enclosure to Annexure A-3 letter dated 7.3.1995 clearly indicates that carpenter grade-I is entitled to the wages at the rate of Rs.83.25 per day. 7. In light of above discussion , petition is allowed and the respondents are directed to pay wages to petitioner as carpenter grade-I at the rate of Rs.83.25 per day w.e.f. 1.1.1994 as per 4 Annexure A-3 till revision / supersession of Annexure A-3 and thereafter at such rates which is applicable to the category of carpenter grade-I, after adjusting the wages already paid to him. The difference of wages be paid to the petitioner within a period of three months from today, failing which the respondents shall be liable to pay interest at the rate of 9% per annum on such arrears till payment. ( Kuldip Singh ) Judge. June 30, 2009 (sks)