IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.4393 of 2011 Date of Decision: 4th July, 2011 Managing Director Petitioner Versus Industrial Tribunal and others Respondents Coram The Hon’ble Mr. Justice Kurian Joseph,C.J. The Hon’ble Mr. Justice Sanjay Karol,J. Whether approved for reporting1? No. For the petitioner: Mr. J.R.Thakur, Advocate Sanjay Karol, J. (Oral) The challenge is to the impugned order 6.12.2010 passed by Industrial Tribunal-cum-Labour Court, Dharamshala, H.P. whereby private respondents were held entitled to regularization on completion of 10 years of continuous service alongwith consequential benefits. The challenge is on the ground that private respondents were working on piece-rate-basis and not on daily rate wages. 2. On 14.6.2011 this Court had directed the petitioner to place on record deposition of Shri Rattan Lal, Incharge of the petitioner-Corporation made before the Tribunal. We have perused the Whether the reporters of Local Papers are allowed to see the Judgment? 2 same. In the affidavit, Shri Rattan Lal has deposed as under:- “5. That the applicants are working under the Minimum Wages Act, 1948 and not as daily paid workers in the H.P. State Handicrafts & Handloom Corporation, Bilaspur Textiles Unit, Bilaspur, HP as skilled/semi-skilled workers, as detailed hereunder:- Sr. No. Name of workers Averment reg. engagement as per O.O. of the applicants As per record of Corpn. Working as Semi skilled/unskilled As per record of the Corn Working as skilled/semi skilled 1. Sh.Hem Raj 19.08.1993 23.05.1994 01.01.2006 2. Sh.Prem Lal 19.08.1993 08.07.1994 01.01.2006 3. Sh.Rajesh Kumar 21.08.1993 26.05.1994 01.01.2006 4. Sh.Chaman Lal 20.08.1993 23.05.1994 01.01.2006 5. Sh.Ram Lal 08.08.1994 08.08.1994 01.01.2006 6. Sh.Basu Dev 10.08.1994 10.08.1994 01.01.2006 7. Sh.Anand Bihari 01.08.1994 01.08.1994 01.01.2006 8. Smt.Vidya Devi 07.08.1994 (26.05.1994 9Unskilled (01.01.2006 (semiskilled “8. That the Corporation is providing the applicants regular work and they are being paid all the financial benefits under the Industrial Dispute Act. These workers have already been upgraded from Semi-Skilled to Skilled and unskilled to semi-skilled workers w.e.f. 01.01.2006, and they are not being aggrieved in any way from their legally existing rights by the Corporation which is facilitating the applicants to its financial capacity in all respects. The Semi-skilled workers are being paid Rs.2447/- and skilled workers are being paid Rs.2730/- since January 2006 and they are also given 12% E.P.F. FDF & 8.33% bonus under Minimum Wages Act, 1948. Besides it 3 the said applicants are being given 7 Casual leave, 7 Medical Leaves and 18 Earned Leave in a year, such leaves are not given to daily paid workers. In the light of facts mentioned earlier, the applicants are not entitled for regularization.” 3. Thus the challenge to the impugned order is misconceived in law. Private respondents were engaged as semi-skilled and skilled workers and were entitled to wages alongwith other benefits such as EPF, FDF and bonus under the Minimum Wages Act etc. 4. Thus, we do not find any infirmity, illegality or perversity in the impugned award and the petition is accordingly dismissed, so also the pending application, if any. (Justice Kurian Joseph) Chief Justice 5th July, 2011 (Justice Sanjay Karol) (C) Judge.