Daily Wage Service Rendered By Employee To Be Considered While Computing Pensionary Benefits: Punjab & Haryana High Court Reiterates
Punjab and Haryana High Court recently allowed a writ petition whereby an employee of the Uttari Haryana Bijli Vitran Nigam had sought that the daily wage service rendered by him till his services were regularized should be taken into consideration for computing his pensionary benefits.The bench comprising Justice Harsimran Singh Sethi held the Punjab Civil Services Rules, 1970 have...
Punjab and Haryana High Court recently allowed a writ petition whereby an employee of the Uttari Haryana Bijli Vitran Nigam had sought that the daily wage service rendered by him till his services were regularized should be taken into consideration for computing his pensionary benefits.
The bench comprising Justice Harsimran Singh Sethi held the Punjab Civil Services Rules, 1970 have been adopted by the respondent-Nigam and according to Rule 3.17 of the said rules, daily wage services rendered by an employee prior to his/her regularization is to be treated as qualifying service for computing his/her pensionary benefits.
It further noted that though the petitioner's services were terminated in the year 1982, the same was held to be bad by a Labour Court and the Petitioner was reinstated in service with back wages. Therefore, he is entitled to the benefit of counting his daily wage service as qualifying service for computing his pensionary benefits.
"Further, by an award of the Industrial Tribunal, Haryana dated 24.10.1986, the petitioner was reinstated in service with back wages, meaning thereby, the petitioner had continuity in service and, therefore the petitioner is entitled for the benefit of counting his daily wage service starting from 23.09.1979 till 17.10.1990 as qualifying service for computing his pensionary benefits."
The court further held that as per law settled by a Full Bench of the High Court in Kesar Chand v. State of Punjab through The Secretary P.W.D B & R Chandigarh and others, daily wage service rendered by an employee is to be taken into account as a qualifying service for computing his pensionary benefits and nothing has been placed on record by the respondent-Nigam to controvert this settled principle of law.
Not only as per the rule governing the service but, as per the settled principle of law settled by the Full Bench of this Court in CWP2864-1983 titled as Kesar Chand vs. State of Punjab through The Secretary P.W.D B & R Chandigarh and others decided on 02.06.1988, daily wage service rendered by an employee is to be taken into account as a qualifying service for computing his pensionary benefits
Therefore, Court directed Respondent-Nigam to compute the pensionary benefits of the petitioner afresh after taking into account the daily wage service rendered by him from September 1979 onwards till the date his services were regularized as well and grant him the benefit of arrears as well.
Court further answered the question of interest on the arrears by stating that the arrears which will be recomputed now will also carry interest @ 6% per annum from the date the petitioner retired till the actual payment will be released.
In the present case, law was very much settled when the petitioner retired from service and the same should have been applied by the respondents themselves rather than creating dispute on facts and law. Respondents have forced the petitioner to approach this Court so as to get the benefit for which, he was entitled for, even on the date when he retired from service i.e. 30.04.2016 not only as per the rules governing the service but, as per the settled principle of law also. Hence, the petitioner needs to be compensated for the same. The arrears which will be recomputed now will also carry interest @ 6% per annum from the date the petitioner retired till the actual payment will be released.
In the light of the observation made above, the court allowed the writ petition.
Case Title : Mahavir singh v. Uttar Haryana Bijli Vitran Nigam Limited and others
Citation: 2022 LiveLaw (PH) 117