JUDGEMENT
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(1.) Petitioner has approached this Court praying for counting
the service rendered by him in the Haryana Tanneries Ltd., Jind w.e.f.
26.10.1975 to 30.11.1988 for the purpose of pension/retiral benefits
and for the release of the benefits.
(2.) Petitioner was appointed as a skilled worker in the
Haryana Tanneries Ltd. on 26.10.1975. He continued as such when
along with other employees, he was retrenched w.e.f. 30.11.1988 on
account of closure of the corporation. The Haryana Tanneries
Employees Union (Regd.) filed CWP No. 9469 of 1988 titled as
Haryana Tanneries Employees Union (Regd.) Jind, Haryana vs.
State of Haryana and another, in this Court which was disposed of
by this Court vide order dated 01.12.1988 (Annexure P-1) with
directions issued to the respondents to absorb the retrenched
employees within a period of six months and if need be, give
relaxation in age limit. The retrenched employees were also held
entitled to take into account the service rendered in the Haryana
Tanneries Ltd. in case they are appointed in pensionable jobs for the
purpose of pension and other retiral benefits. In compliance with the
said order passed by this Court, petitioner was appointed as Peon in
the Revenue Department by the Deputy Commissioner, Bhiwani vide
order dated 21.04.1991 and later on, his services were transferred to
Kaithal District vide order dated 01.10.1992 and pay of the petitioner
was protected by the Government of Haryana vide order dated
05.01.1996. Petitioner submitted a representation dated 06.05.2008
to the Deputy Commissioner, Kaithal-respondent No. 2 praying for
counting his service from 26.10.1975 to 30.11.1988 in the Haryana
Tanneries Ltd. Jind in accordance with the order passed by this Court
in Haryana Tanneries Employees Union (Regd.) Jind, Haryana
. The case of the petitioner was recommended by respondent
No. 2 vide letter dated 05.03.2009, which was returned back by the
Sub-Divisional Officer (Civil) Guhla, District Kaithal-respondent No. 3
with the remarks that the benefit of past service if is to be counted,
the pension case be also sent along with the same for the approval
of the Government. Petitioner retired on attaining the age of
superannuation of 60 years on 30.06.2009 but while releasing his
retiral benefits, the services rendered by him in the Haryana
Tanneries Ltd. Jind, have not been counted nor any benefit granted.
(3.) This action of the respondents not granting him the benefit is under
challenge in the present writ petition.;
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