IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T)No.13860 of 2008. Date of decision: 4.1.2011 Nanda Ram …. Petitioner Versus State of H.P & ors. .... Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting ? No For the petitioner: Mr.A.K.Gupta, Advocate. For the respondents: Sh.Vivek Singh Thakur, Additional .Advocate General. Deepak Gupta, J.(Oral) The petitioner was appointed as daily waged Beldar in the year 1984. In the year 1987, his services were terminated and thereafter, the petitioner filed a Reference Petition and the same was referred for decision to the Presiding Judge of the H.P. Industrial Tribunal who vide her order dated 19.3.2001 held that the termination of the services of the petitioner was in violation of Section 25-F of the Industrial Disputes Act, 1947 and further held that the petitioner is entitled to reinstatement with full back seniority but without back wages. 2 Now, the claim of the petitioner in this case is that the entire period has to be taken into consideration for working out his seniority and to fix the date when he should be given work charge status. The stand of the State is that the period during which the petitioner did not actually work cannot be counted. The respondents cannot be permitted to take such a stand. They were parties before the learned Industrial Tribunal and the award of the learned Industrial Tribunal has been upheld by this Court in CWP No.302 of 2002 titled State of H.P Vs. Nanda Ram and the Department cannot sit over the order of the Labour Court or the Judgment of this Court itself. For the purpose of grant of work charge status, the entire period from the date of initial appointment of the petitioner, i.e. in March, 1984 shall have to be counted and the respondents cannot discard the period during which the petitioner was not in service because the order is very clear in this regard. The petition is allowed in the aforesaid terms. The petitioner shall be deemed to have completed 240 days in every year and in terms of the judgment in Mool Raj Upadhya’s case shall be entitled to work charge status 3 w.e.f. 1.1.1994. The respondents are accordingly directed to grant work charge status to the petitioner w.e.f. 1.1.1994. The monetary benefits alongwith 6% interest shall be paid to the petitioner latest by 31.5.2011 failing which the State shall be liable to pay interest @ 12% per annum. It is clarified that the petitioner shall not be paid back wages for the period when he was out of service, as the said claim was rejected by the learned Industrial Tribunal. Monetary benefits shall be paid only from the date when he actually rejoined service pursuant to the orders of the learned Tribunal. 2. The petition is disposed of in the aforesaid terms. No order as to costs. January 4, 2011 (m) ( Deepak Gupta ) Judge