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Dharam Singh v. The Punjab State Electricity Board and Others

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8161 of 2016)Decided 16 Aug 2016
Civil Appeal No. 8161 of 2016
Justice Kurian Joseph · Justice Shiva Kirti Singh

Background

Dharam Singh joined the Punjab State Electricity Board as a daily-wage labourer in 1983 and was later terminated in 1986, but an Industrial Dispute award by the Labour Court, Patiala directed his reinstatement with continuity of service from 1994, when his post was also converted from daily-wage to work-charge Chowkidar. The dispute before the Supreme Court was whether he had completed 2555 days (roughly seven years) of work-charge service, the threshold required for appointment as Assistant Lineman, counting from that 1994 reinstatement date.

Decision Breakdown

The Board itself admitted in its counter-affidavit that Dharam Singh's service had continuity from 1994 onward following the Labour Court's reinstatement award. The Supreme Court held that, counted from 1994, the appellant did in fact satisfy the 2555-day work-charge service requirement, set aside the judgment under appeal, and directed the Board to treat him as qualified for appointment as Assistant Lineman on that basis. The Court expressly noted this ruling was confined to the peculiar facts of this case.

Lesson Learnt

For reinstated or reclassified government/public-sector workers, a labour court's continuity-of-service order can be decisive in calculating eligibility periods for later promotions or appointments: workers should preserve and cite such awards when claiming service-based benefits.

Official source (sci.gov.in)View Judgment (PDF)

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