Extracted from the PDF above. The PDF is authoritative.
The Executive Engineer Vs. Prakash Chand
Item No.S-7
CMP(M) No.1026 of 2026 16.07.2026 Present: Mr. Varun Chandel, Additional Advocate General, for the appellants/State.
Keeping in view the averments made in the application, duly supported by the affidavit of the official, delay of 7 days in filing the appeal is condoned.
The application stands disposed of.
LPA No. of 2026 & CMPST No.36018 of 2026
Appeal be registered.
Learned Addl. Advocate General submits that the connected appeals have also been filed. Office to tag the other appeals along with the present appeal.
Inter alia submits that the issue in question is whether the period of daily wage service rendered before regularization is to be counted for the purpose of gratuity or not, under the Payment of Gratuity Act, 1972. It is, thus, submitted that the learned Single Judge has relied upon the judgments passed by this Court in CWP No.15443 of 2024, titled State of HP and Ors., decided on 24.02.2026 and CWP No.4632 of 2025, titled Bindumati Vs. State of HP and Ors., decided on
07.11.2025.
Perusal of the judgment passed in Bindumati’s case (Supra), would go on to show that a reference was made to the authoritative pronouncement
of the Apex Court in Net Ram Sahu versus State of Chhattisgarh 2018 (5) SCC 430. It is also to be noticed that the matter had been referred to a Larger Bench in Dhansai Sahu Vs. State of Chhattisgarh and Ors., 2020 (2) SCALE 310.
It is further submitted that even earlier the Coordinate Bench of this Court in CWP No.2661 of 2016, titled State of HP and Anr. Vs. Bhoop Ram and Anr. along with connected matters, had also referred the matter for constitution of a larger Bench.
Keeping in view the above, we direct the appellate authority not to disburse the amount, which already stands deposited, till further orders.
Office shall also give a report regarding pendency of the Reference as per order dated
05.09.2018.
On taking steps within three days, issue notice to the sole respondent, returnable on or before the next date of hearing.
List on 27.08.2026 a/w LPA No.403 of 2026.
(G.S. Sandhawalia) Chief Justice
(Bipin C. Negi) Judge 16th July, 2026
(Gaurav Rawat)