H.P. State Industrial Development Corporation Ltd. vs Satish Kumar

Kurian Joseph, C.J.—Respondent in O.A. (M) No. 322 of 2004 has come up in appeal. The original applicant entered service under the Appellant on 15.02.1994. The O.A. was disposed of by order dated 8th March, 2006 with a direction to confer work charge status on the original applicant w.e.f. 01.01.2004 and the consequential benefits were also directed to be released. Appellant herein attempted a review by way of C. Review (T) No. 100 of 2008. That was also dismissed and, hence the appeal.

The conferment of work charge status w.e.f. 01.01.1994 is on the basis of the decision of the Apex Court in Mool Raj Upadhaya v. State of H.P. and Ors. But, the benefit of that judgment regarding conferment of work charge status w.e.f. 2 01.01.1994 would apply only in case the applicant had completed 10 years continuous service with 240 days in each calendar year as on 31.12.1993. In the instant case, the original applicant, admittedly, entered service on 15.02.1994. Therefore, the judgment that would apply in the case of the original applicant is Rakesh Kumar v. State of H.P. and Ors. We are informed that the judgment of this Court in Rakesh Kumar''s case is pending before the Apex Court. Therefore, this appeal is disposed of making it clear that the judgment that would apply to the case of the original applicant, Respondent herein is Rakesh Kumar v. State of H.P. and Ors. Depending on the out-come of the matter, now pending in the Apex Court in that case, appropriate action will be taken in the case of the applicant, Respondent herein within another two months. The judgment in this appeal will stand modified to the above extent.