Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 2]

Punjab-Haryana High Court

Lakhbir Kaur Wd/O Sh.Gurnam Singh Alm vs Uttri Haryana Bijli Vitran Nigam ... on 24 April, 2012

Author: K. Kannan

Bench: K. Kannan

C.W.P. No.7438 of 2012                                  -1-

     IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
                            CHANDIGARH
                                      C.W.P. No.7438 of 2012
                                      Date of Decision. 24.04.2012

Lakhbir Kaur wd/o Sh.Gurnam Singh ALM, r/o VPO Kheri Sharafali, Distt.
Karnal
                                            .......Petitioner
                               Versus

Uttri Haryana Bijli Vitran Nigam through its Managing Director, Shakti
Bhawan, Sector 6, Panchkula and others        .....Respondents

Present:      Mr. Naveen Daryal, Advocate
              for the petitioner.

CORAM:HON'BLE MR. JUSTICE K. KANNAN
1. Whether Reporters of local papers may be allowed to see the
   judgment ? No
2.     To be referred to the Reporters or not ? No
3.     Whether the judgment should be reported in the Digest? No
                                       -.-
K. KANNAN J.(ORAL)

1. Notice of motion. At the asking of Court, Mr. Mohnish Sharma, Advocate accepts notice on behalf of the respondents. Learned counsel for the petitioner will supply a copy of the writ petition to the counsel for the respondents for proper communication of the order.

2. The petitioner relies on the instructions of the Nigam itself that a workcharged employee whose service was uninterrupted and which was subsequently confirmed, is entitled to reckon the period of service as daily wager for terminal benefits. The petitioner relies on several decisions of this Court which have taken the view providing for consideration for reckoning the service as daily wager as well as workcharged employee for the total number of years for the terminal benefits.

3. The petitioner will be entitled to such consideration and the C.W.P. No.7438 of 2012 -2- arrears shall be calculated and released to the petitioner within a period of 8 weeks from the date of receipt of copy of the order. The writ petition is allowed on the above terms.

(K. KANNAN) JUDGE April 24, 2012 Pankaj*