The High Court of Himachal Pradesh recently comprising of a bench of Justice Tarlok Singh Chauhan remarked that the right seeking of benefits of regularization of service is a right akin to a fundamental right guaranteed to the workman. (Yashwant Singh And Others v State Of Himachal Pradesh And Others)
Facts of the case
The petitioner No.1 was engaged as ‘beldar’ on daily waged basis with effect from 01.11.1997 and, according to him, he was entitled to work charge status with effect from 01.01.2006, but his services were regularized on 05.01.2010. Whereas, petitioner No.2 was engaged as daily waged ‘beldar’ with effect from 01.01.2000 and, according to him, he was entitled to the work charge status with effect from 01.01.2008, but his services were regularized on 06.10.2010. 4.
The services of petitioner Nos. 1 and 2 have been ordered to be regularized after completion of 10 years instead of 8 years and aggrieved thereby, they have filed the present petition.
Contention of the Parties
The respondents opposed the claim of the petitioners on the ground that this Court in Gauri Dutt v State of HP [CWP No. 778 of 2006] decided categorically held that a workman is entitled to work charge status after completion of 10 years of service. Secondly, it was contended that instant petition is clearly time barred and is, therefore, liable to be dismissed on this ground alone.
Courts Observation and Judgment
The court observed, "It would be noticed from the reply filed by the respondents themselves that initially a period of 10 years of daily waged service was envisaged and provided for granting work charge status/regularization in terms of the policy of the Government as affirmed with certain modifications in Mool Raj Upadhyaya vs. State of H.P. and others, 1994 Supp (2) SCC 316.
It is not in dispute that the petitioners No.1 and 2 had completed 240 days of their service in each calendar year and, therefore, their services were required to be regularized as per the policy that was prevalent as on the date of consideration of their cases for regularization. Indisputably, the policy in vogue on the date of consideration clearly providing for regularization of services of daily waged workers, who had continuously worked for 8 years and, therefore, the respondents could not have illegally and arbitrarily regularized the services of petitioners No.1 and 2 on 05.01.2010 and 06.10.2010, respectively i.e. on completion of 10 years of service."
Furthermore, the Court said, “It needs to be observed that where the Court is dealing with one of fundamental rights of poor workman, its role is that of a sentinel for protection of fundamental rights of the weak and down-trodden and cannot, therefore, easily allow itself to be persuaded to refuse the reliefs solely on jejune ground of delay and laches or the like. The right seeking of benefits of regularization of service is a right akin to a fundamental right guaranteed to the workman. Therefore, the plea of delay should not come in the way of granting relief to the workman, more particularly, when the Court is of the opinion that it is the inaction of the respondents that has formed basis of such delay”.
The Court dismissing the petition remarked, "In view of the foregoing discussion and for the reasons stated above, I find merit in this petition and the same is accordingly allowed. The respondents are directed to grant work charge status to the petitioners on completion of 8 years services with all consequential benefits including seniority etc.
However, the actual monetary benefits shall be limited to a period of three years prior to the date of filing of the petition i.e. 16.09.2016. Pending application, if any, also stands disposed of."
Picture Source :
