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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 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.    

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ SHIVA KIRTI SINGH ]  

New Delhi; August 16, 2016.