Himachal Pradesh High Court
CMP.M/1635/2026 of The Executive Engineer JAL SHAKTI DIVISION Palampur District Kangra HP Vs Subhash Chand on 1 October 2026
The Executive Engineer, JSV Division vs. Subhash Chand CMP(M) No. 1635 of 2026 01.10.2026 Present: Mr. Gobind Korla, Additional Advocate General, for the applicants/ appellants. Keeping in view the averments made in the application, duly supported by the affidavit of the official, nominal delay
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
1
Decisions referred to
In this index
1
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
Item No. S-7 The Executive Engineer, JSV Division vs. Subhash Chand CMP(M) No. 1635 of 2026 01.10.2026 Present: Mr. Gobind Korla, Additional Advocate General, for the applicants/ appellants. Keeping in view the averments made in the application, duly supported by the affidavit of the official, nominal delay of 20 days in filing the appeal is condoned.
2. The application stands disposed of. LPA No. of 2026
3. Appeal be registered.
4. 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 H.P. 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. A perusal of the judgment passed in Bindumati’s case (Supra), would go on to show that a reference was made to authoritative pronouncement of the Apex Court in Net Ram Sahu versus State of Chhattisgarh 2018 (5) SCC 430, it is also noticed that the matter had been referred to a Larger Bench in Dhansai Sahu Vs. State of Chhattisgarh and Ors., AIR ONLINE 2020 SC 231.
5. It is further submitted that even earlier, a Co- ordinate Bench of this Court in CWP No.2661 of 2016, titled State of H.P. and Anr. Vs. Bhoop Ram and Anr. along with connected matters, had also referred the matter for constitution of a larger Bench.
6. Keeping in view the above, we direct the appellate authority not to disburse the amount, which already stands deposited, till further orders.
7. Office shall also give a report regarding pendency of the Reference, as per order dated 05.09.2018.
8. On taking steps within three days, issue notice to the sole respondent, returnable on or before the next date of hearing.
9. List on 29.10.2026 alongwith LPA No. 403 of 2026.
(G. S. Sandhawalia)
Chief Justice
(Bipin C. Negi)
Judge 1st October, 2026(sanjeev)