Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP Nos.8630 of 2025 a/w connected matters Decided on: 26th May, 2025 _________________________________________________________________
1. CWP No. 8630 of 2025 Tej Singh
....Petitioner Versus HPSEBL & Anr.
…Respondents _________________________________________________________________
2. CWP No. 8634 of 2025 Sarwan Khan
....Petitioner Versus HPSEBL & Anr.
…Respondents
3. CWP No. 8636 of 2025 Onkar Chand
....Petitioner Versus HPSEBL & Anr.
…Respondents
4. CWP No. 8638 of 2025 Meera Devi
....Petitioner Versus HPSEBL & Anr.
…Respondents
5. CWP No. 8650 of 2025 Hem Singh
....Petitioner Versus HPSEBL & Anr.
…Respondents
6. CWP No. 8652 of 2025
Parkash Chand
....Petitioner Versus HPSEBL & Anr.
…Respondents Coram
Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioners: Mr. Bonit Prakash, Advocate. For the respondents: Mr. Virender Singh Kanwar & Ms. Vandana Misra, Advocates, for the respective respondents. Jyotsna Rewal Dua, Judge
Notice. Mr. Virender Singh Kanwar and Ms. Vandana Misra, learned counsel, accept notice on behalf of the respective respondents.
2. These writ petitions have been filed for grant of almost common relief, which has been extracted from CWP No. 8630 of 2025:
“(i) That the respondents may be ordered to grant work charge status to the petitioner, on completion of eight years of service, service, with all benefits incidental thereof.” 1 Whether reporters of Local Papers may be allowed to see the judgment? yes 2
3.
Learned counsel for the petitioners submits that the cases of the petitioners and the relief prayed for by them are covered under decision rendered in The Himachal Pradesh State Electricity Board Ltd. & Anr. Vs. Nanak Chand & Ors.2 In the aforesaid case, the respondentBoard had contended that the case in hand was distinct from State of Himachal Pradesh and Ors. Vs. Surajmani & Anr.3 as in the respondentBoard, work charge establishment was abolished in 1986, therefore, the directions given in Suranmani3 cannot be applied in the respondentBoard. The Hon’ble Apex Court rejected the
contentions and held that the judgment in Surajmani3 squarely applies and the directions issued therein shall applicable mutatis mutandis to Himachal Pradesh State Electricity Board as well . Relevant portion of the decision reads as under:
“2. In counter to the said argument, in the counter affidavit, Standing orders of the Himachal Pradesh State Electricity Board Industrial Establishment framed in exercise of the provisions of the Factories Act, 1948 have been shown whereby Clause 5(b) makes it clear 2 SLP(C) Nos. 10719-10720/2025, decided on 16.04.2025 3 Civil appeal No. 1595 of 2025, decided on 06.02.2025 3
that the Board shall have the following class of workmen in different establishments. Clause 5(b) indicate work establishment having work charged work commission. The said fact has not been controverted except to say in the affidavit that they have abolished the work charged establishment in the year1986. In the list of date also, it is stated that the work charge establishment has been revised in 1987. 3. Considering all these aspects, there is no reason to take a different view from the case of Surajmani (supra). The operative portion of the judgment of Surajmani is reproduced for ready reference :
"10. For the cumulative reasons aforestated, we are of the considered view that the dicta laid down by this Court vide order dated 22.07.2019 in Ashwani Kumar's (Supra) case which is based on the judgment of Mool Raj Upadhyaya (Supra) holds the field and would also be applicable to the Respondents herein who had approached the Tribunal or the High Court seeking similar relief. As such, the Respondents shall be entitled for grant of 'workcharged' status from the date of completion of 8 years of service. However, we hold that the relief in the present appeals will be limited to notional benefits as explained in paragraph 3 and 4 of Ashwani Kumar's (Supra) case in Civil Appeal No(s). 5753 of 2019 and the present appeals stand disposed of accordingly with no order as to costs. 11. We also make it explicitly clear that the State in its endeavour of implementing the orders of the Tribunal, High Court or this Court, if having paid the amounts in excess, would be at liberty to take such steps as it deems fit without insisting for one time recovery. 12.
It is further underscored that this judgment would necessarily be a judgment in rem and the State shall hence forth not take recourse to employing personnel as daily wagers but shall make appointments only in accordance with 4
law, as enumerated in the case of Secretary, State Karnataka Vs. Uma Devi [ (2006) 4 SCC 1]."
4. In our view, the judgment of Surajmani squarely applies and the said directions shall be applicable mutatis mutandis in the case of Himachal Pradesh State Electricity Board also.”
4. In view of above, respondents are directed to consider the cases of the petitioners for grant of relief prayed for by them in light of decision rendered in Nanak Chand2, within a period six weeks from today. The decision so taken be communicated to the petitioners. The writ petitions stand disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua Judge May 26, 2025 R.Atal 5