Sh. Sanjeev Kumar vs Principal Secretary (IPH) to the Govt. of H.P. Secretary, Shimla-2 and The Executive Engineer, IPH Division Shahpur, District Kangra, H.P.

Justice Kurian Joseph, C.J.—Petitioner is aggrieved since he is not granted the benefits flowing out of Annexure P-A, award dated 26.1.2009 in Reference No. 136/2007 passed by the Industrial Tribunal-cum-Labour Court, Dharamshala, H.P. The operative portion of the award reads as follows:-

Judged in the light of my findings on the issues above, particularly issue 1, the petition succeeds partly and is allowed in part. Accordingly, the petitioner is held entitled to reinstatement in the same capacity as in which he was working at the time his services were terminated. Besides, he is held entitled to continuity of service and 50% back-wages from the date of his retrenchment in 2001. The said 50% back-wages shall be computed on the basis of the last drawn wage or the minimum wages permissible under the Minimum Wages Act whichever is higher till the date of reinstatement of the petitioner. The respondent is directed to reinstate the petitioner within a period of 90 days from today. The reference is answered accordingly. A copy of this award be sent to the appropriate Govt. for publication in the official gazette and the file after completion consigned to records.

It needs no elaborate discussion to hold that the petitioner has been granted the benefits of continuity in service. If that be so, the period he has been kept out has to be deemed to be continuous service for the purpose of continuity in service. There will be a direction to the 2nd respondent to examine the case of the petitioner in the light of the observations contained in this judgment and take an appropriate action giving him the benefits of continuity in service as per the award passed by the Industrial Tribunal-cum-Labour Court, Dharamshala, H.P., which has become final, as stated by the petitioner.

In the process, if it is found that junior to the petitioner has been granted regularization on account of such continuous service, needless to say that the petitioner shall also be granted the similar benefits. Needful be done within a period of two months from the date of production of a copy of this judgment along with a copy of the writ petition by the petitioner before the second respondent. The writ petition is disposed of, so also the pending application(s), if any.