CWP No. 2713 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 2713 of 2008 Date of decision: 29th April, 2010 Amrit Lal and another ........Petitioners Versus Haryana Vidut Parsaran Nigam Ltd. and others ........Respondents Before: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Vikas Singh, Advocate, for the petitioners. Mr. Parveen Gupta, Advocate, for Mr. Narender Hooda, Advocate , for HVPNL. K.KANNAN, J.(Oral) 1. The writ petition seeks for a direction to quash the order dated 4.05.2007 (Annexure P-9) and to count the work charged service rendered by the petitioners as qualifying service for the purpose of retiral benefits such as pension. 2. The issue has come up for consideration before the Hon'ble Supreme Court in Dakshin Haryana Bijli Vitran Nigam & others Versus Bachan Singh in Civil Appeal No. 4903 of 2009, dated 11.09.2009, wherein, it was held that if work charged service is subsequently regularized the period of work charged service shall also be counted for the purpose of retiral benefits. CWP No. 2713 of 2008 -2- 3. The petitioners are therefore, entitled to seek for compensation as work charged employees for the purpose of pension and other retiral benefits.. The employer shall calculate the EPF contributions made on behalf of the petitioners and make a demand stipulating the amount and period as to when the amount shall be refunded by the petitioner. On the petitioner's refunding the amount paid by the employer towards EPF contributions, the petitioner shall be admitted to the scheme for pension. The entire exercise shall be done within a period of 8 weeks for the receipt of copy of the order of this writ petition. 4. In view of the above, the writ petition is allowed. No order as to costs. [K.KANNAN] JUDGE 29th April, 2010 Shivani Kaushik