IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2269 of 2023 Date of Decision: 17.09.2025 _____________________________________________________________________ Deep Ram ……...Petitioner Versus HPSEBL & Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Manohar Lal Sharma, Advocate. For the respondents: Ms. Vandana Misra, Advocate. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioner has prayed for the following main relief: “(i) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to allow 50% wages to the petitioner in the pay scale of Rs.2720-4775 w.e.f. 15.09.2023 to 13.09.2009 (a day before he was allowed to join duty) and full wages from 14.09.2009 onwards and to issue modified Office order accordingly with interest @ 12% per annum on the differential arrears till payment thereof.” 2. Precisely, the facts of the case, as emerge from the pleadings adduced on record by respective parties are that on 21.08.1995, petitioner was engaged as Beldar on daily wage basis by the respondent/Board. On 15.06.1996, he was retrenched in an illegal manner, as a result thereof, an industrial dispute arose and reference under Section 10 of the Industrial Disputes Act was made to learned Industrial Tribunal – cum- Labour Court, Shimla. Industrial Tribunal – cum- Labour Court, Shimla answered the reference vide award dated 12.08.2008 (Annexure P-1), thereby directing the respondent/Board to reinstate some of the petitioners therein, including the present petitioner, with seniority and continuity in service with back wages at the rate of 50%. 3. Pursuant to aforesaid award, petitioner rejoined his services and since then he has been working continuously with the respondent/Board. Being aggrieved and dissatisfied with the award dated 12.08.2008 (Annexure P-1), passed by learned Industrial Tribunal – cum- Labour Court, Shimla, respondent/Board filed CWP No. 2037 of 2008, before this Court, which was dismissed, vide judgment dated 16.08.2012. Thereafter, the respondent/Board preferred LPAs No. 43 & 44 of 2013 laying therein, challenge to order dated 16.08.2012, passed by learned Single Judge of this Court, which came to be allowed vide judgment dated 30.04.2014 by Division Bench of this Court, whereby matters came to be remanded back to the Labour Court with a direction to decide the same afresh. The remand was primarily on the ground that Tribunal below while passing the impugned award failed to take note of ground of delay and laches. However, the fact remains that vide award dated 14.08.2014, learned 2 Labour Court again held the petitioner entitled to reinstatement with continuity in service and seniority with 50% of back wages. 4. After passing of aforesaid award dated 14.08.2014 (Annexure P4), respondent/Board gave work-charge status to the petitioner on the post of T-Mate. On 19.03.2018, petitioner was brought on regular cadre of T-Mate. 5. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. M.L. Sharma, learned counsel representing the petitioner is that in view of award dated 14.08.2014, which has attained finality, petitioner is deemed to have completed 08 years of service on 21.08.2003 and as such, he became entitled for regularization/conferment of work charge status from the date when he completed 08 years of service from the date of his initial appointment. Besides above, it is argued on behalf of the petitioner that there was no occasion, if any, for respondents to grant him monetary benefits w.e.f. 2003 till 2009 on notional basis, rather in terms of award dated 14.08.2014, whereby he was entitled to 50% of back wages, he ought to have been granted 50% back wages from the period starting from 21.08.2003 till 14.09.2009, whereafter the petitioner rejoined his services, pursuant to award dated 12.08.2008, passed by learned Industrial Tribunal – cum- Labour Court, Shimla. 3 6. Pursuant to notices issued in the instant proceedings, respondent/Board has filed reply, wherein facts, as have been noticed hereinabove, have been not disputed, rather an attempt has been made to refute the claim of the petitioner for payment of wages on actual basis, on the ground that since petitioner never worked w.e.f. 2003 to 2009, there is no occasion, if any, to grant him actual monetary benefits, therefore, the Board is right in granting notional benefits to the petitioner, from the afore period. 7. I have heard learned counsel for the parties and gone through the records. 8. Precisely, the question which needs to be determined, in the case at hand, is “whether petitioner herein is entitled to 50% of back wages w.e.f. 15.09.2003 till 14.09.2009, when he rejoined the service, pursuant to award passed by learned Industrial Tribunal – cum- Labour Court, Shimla,” especially, when Tribunal, while passing award dated 14.08.2014, which has attained finality, held petitioner entitled for reinstatement with continuity of service and seniority alongwith back wages at the rate of 50%. 9. Admittedly, in the case at hand, for the period starting from year 2003 to year 2009, petitioner has been granted monetary benefits on notional basis, for the reason that he never worked against the post in question during aforesaid period, but there appears to be 4 merit in the contentions of Mr. M.L. Sharma, learned counsel representing the petitioner, that once learned Industrial Tribunal – cum- Labour Court, Shimla, while answering the reference in favour of petitioner held him entitled to reinstatement with continuity of service and seniority with 50% back wages, petitioner ought to have been granted actual monetary benefit i.e. 50% back wages from the date, he was given work charge status w.e.f. 15.09.2003 till 15.07.2015. At this stage, it is apt to take note of the fact, that after passing of award dated 12.08.2008 which subsequently came to be quashed and set aside, petitioner was reinstated in service in the year 2009, and in terms of award detailed hereinabove, petitioner was also held entitled to 50% back wages w.e.f. 2003 till 2009. Dispute in this lis is with regard to 50% back wages from the date of regularization/conferment of work charge status till joining of the petitioner w.e.f. 15.09.2003 till 14.09.2009 vide an award dated 14.08.2014, which has attained finality. Petitioner was ordered to be reinstated with continuity in service and seniority with 50% of back wages, coupled with the fact that, petitioner after reinstatement on 14.09.2009 has been working continuously with the respondent/Board and thereafter, he was conferred work charge status w.e.f. 15.09.2003, he is entitled to 50% of back wages for the period starting from 15.09.2003 till 14.09.2009. Had learned Labour Court, Shimla not held the petitioner entitled to 50% of back wages, respondent/Board would have been right in 5 granting monetary benefits on notional basis, but once learned Labour Court, Shimla, held petitioner entitled to reinstatement in service with continuity of service and seniority, alongwith back wages at the rate of 50%, he (petitioner) is required to be paid 50% back wages w.e.f. 15.09.2003 till 14.09.2009 and thereafter, he is required to be given full wages. It is not in dispute that prior to 15.09.2003, pursuant to award dated 12.08.2008, petitioner was paid 50% of back wages for the period starting from the date of his retrenchment till his re- engagement on 14.09.2009. After afore date, petitioner is continuously working and on account of his, having completed requisite period he has been already conferred work charge status, but he has been wrongly denied wages for afore period applying principle of “no work no pay”, as has been stated in the reply, filed by the respondent/Board (Para No. 7 of reply). Since, petitioner herein, was prevented from doing his job on the account of his illegal disengagement and thereafter, such, illegal disengagement was set aside by learned Industrial Tribunal – cum- Labour Court, Shimla, vide awards dated 12.08.2008 and 14.08.2014, and therein petitioner was held entitled for reinstatement with seniority and continued service with 50% back wages, principle of “no work no pay” sought to be applied, in the case at hand, could not be applied, for the reason, firstly, that the petitioner was prevented from performing duties on account of his illegal retrenchment, which subsequently came to be 6 rectified in accordance with law and secondly, learned Industrial Tribunal – cum- Labour Court, Shimla, while answering reference in favour of workman on both the occasions held him entitled for reinstatement with continuity of service and seniority with 50% of back wages. 10. Consequently, in view of above, this Court finds merit in the present petition and accordingly same is allowed. Respondents are to pay 50% wages to petitioner in pay scale of Rs.2720-4775/- w.e.f. 15.09.2003 to 13.09.2009 (a day before he was allowed to join duty) and full wages from 14.09.2009 onward in the corresponding revised scale. Since, the petitioner has been fighting for his rightful claim for years together, this Court hopes and trusts that needful in terms of mandate contained in the instant order shall be done expeditiously, preferably, within a period of two weeks, from today, failing which respondent/Board would be liable to pay interest on the accrued amount @ 6% per annum from the date it fell due till the date of actual payment. Pending miscellaneous application(s), if any, shall also disposed of accordingly. September 17, 2025 (Sandeep Sharma), (Shamsh Tabrez) Judge 7