IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 5364 of 2010. Decided on: 12.5.2011. ___________________________________________________________ Shri Dhani Ram. … Petitioner. Versus State of H.P. and others. … Respondents. ___________________________________________________________ Coram: Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. Abhyendra Gupta, Advocate. For the respondents : Mr. Anil Jaswal, Dy.A.G. ___________________________________________________________ Justice V.K. Sharma, Judge (Oral). The petition has been filed on the following prayer:- “That respondents may be ordered to count the service of the petitioner from the date he was retrenched for the purpose of grant of work charge status with all the benefits incidental thereof such as full back wages, seniority and pay fixation etc.” 2. There is no reply as yet. However, with the consent of the parties, the petition is taken up for final hearing. 3. The learned counsel for the petitioner submits at the very outset that that the case of the petitioner is covered under judgment dated July 22, 2010 rendered by a Division Bench of this Court in CWP No. 1291 of 2010, Annexure P-2, text whereof is as under:- “The petitioners herein are covered by the respective awards passed by the Industrial Tribunal, Shimla. The petitioners have been denied back wages. But, they have been granted the relief of reinstatement with continuity in service. The main grievance of the petitioners is that the benefit of the award in the matter of continuity of service is not granted while considering the claim for conferment of work charged 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 status. Since the Industrial Tribunal has granted the continuity of service in the award and since the award has become final, the petitioners are covered by the awards and are entitled to count their service for the purpose of conferment of work-charged status. Ordered accordingly and the Writ Petition is disposed of with a direction to the second respondent to count the period granted by the Industrial Tribunal – continuity of service- the period they were kept out of their work for the purpose of conferment of work- charged status. The needful as above, shall be done within a period of two months from the date of production of the copy of this judgment alongwith a copy of this Writ Petition.” 4. The petitioner had initially joined the employment of the respondent-department as Beldar in the year 1983 and continued as such up to 31.3.1990, when his services were dispensed with. Being aggrieved, he along with nine other similarly situate workmen raised an industrial dispute pursuant to which the matter was referred to the Industrial Tribunal-cum-Labour Court which passed award dated 29.8.2000, Annexure P-1, operative part whereof is as under:- “Relief: 9. Keeping in view the aforesaid finding and discussion, I hold that the reference is answered in favour of petitioner No. 2 to 9. They are ordered to be reinstated in service as daily waged Beldars. However, since they have not mentioned that they were not gainfully employed during this period, so they are not entitled to any back wages though they are entitled to full back seniority. The case of petitioner No. 1, 10 and 11 is however not proved, hence, they are not entitled to any relief. Let a copy of this reference be sent to the appropriate government for its publication.” 3 5. Thus, it is manifest that besides reinstatement the petitioner was also granted continuity in service and seniority by the Industrial Tribunal-cum-Labour Court vide award dated 29.8.2000, Annexure P-1. 6. In view of the above, the case of the petitioner is squarely covered under the judgment referred to hereinabove dated July 22, 2010 in CWP No. 1291 of 2010, Annexure P-2. It being so, there shall be a direction to the respondents/competent authority to consider the case of the petitioner for grant of the status of work charged Beldar along with consequential benefits, if any, with effect from the due date to be reckoned in the light of the aforesaid award dated 29.8.2000, Annexure P-1, passed by the Industrial Tribunal- cum-Labour Court, Shimla, within three months from the date of production of copy of this judgment by the petitioner, failing which interest at the rate of 6% per annum shall also be payable. 7. The petition stands disposed of in the above terms, so also pending application(s), if any. (V.K. Sharma) Judge. May 12, 2011. (cr)