Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8161 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 1021 OF 2015]
DHARAM SINGH Appellant(s)
VERSUS
THE PUNJAB STATE ELECTRICITY BOARD AND ORS Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The simple issue in this appeal is whether the
appellant had 2555 days' work charge status for the
purpose of appointment as Assistant Lineman.
3. In the counter affidavit filed on behalf of the
respondents before this Court, it is admitted that
JUDGMENT
though the appellant had joined as a labourer on
daily wages on 04.04.1983 and though he was
terminated with effect from 01.01.1986, the service
of the appellant was thereafter converted from daily
wages Chowkidar to work-charge Chowkidar as per order
dated 16.12.1994. In the Industrial Dispute, the
Labour Court, Patiala, in the Award dated 12.01.1994,
directed reinstatement of the appellant with
continuity of service. Thus, appellant has
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continuity of service from 12.01.1994.
4. In view of the continuity of service from 1994,
the appellant satisfies the condition of 2555 days as
work-charge employee. In that view of the matter, we
set aside the impugned judgment and direct the
respondents to consider the case of the appellant by
treating him qualified and as having completed 2555
days on the appointed day for the purpose of
appointment as Assistant Lineman.
5. With the above observations and directions, the
appeal is allowed.
6. We make it clear that this Judgment is rendered
on the peculiar facts and circumstances of the case.
No costs.
JUDGMENT
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ SHIVA KIRTI SINGH ]
New Delhi;
August 16, 2016.
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