The Executive Engineer Jal Shakti Vibhag Divion Palampur District Kangra Hp Vs Manmohan Singh — Himachal Pradesh HC (2026) — LawSathi Research

The Executive Engineer Jal Shakti Vibhag Divion Palampur District Kangra Hp Vs Manmohan Singh — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Condonation of 7 days' delay in filing the appeal granted and the application disposed of; LPA ordered registered; appellate authority directed not to disburse the amount already deposited till further orders; notice ordered to the sole respondent, returnable on or before the next date of hearing; Office to tag five connected appeals and report pendency of the Reference of 05.09.2018; matter listed for 27.08.2026 (main appeal remains pending).

Issue for consideration

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.

Court's answer

The appellate authority is directed not to disburse the amount, which already stands deposited, till further orders, pending resolution of the gratuity-counting issue and the larger-Bench reference.

Ratio / Principle

Delay of 7 days in filing the appeal is condoned and the application (CMP(M) No.1051 of 2026) stands disposed of.

Detailed headnote1 paragraphs

High Court (G.S. Sandhawalia, Chief Justice and Bipin C. Negi, Judge) — Order dated 08.07.2026 in CMP(M) No.1051 of 2026 / LPA No. of 2026 (The Executive Engineer v. Manmohan Singh): (i) seven days' delay in filing the Letters Patent Appeal condoned and the application disposed of; (ii) appeal ordered registered, with five connected appeals to be tagged; (iii) issue framed — whether daily wage service rendered before regularization counts towards gratuity under the Payment of Gratuity Act, 1972, the learned Single Judge having relied on this Court's decisions in CWP No.15443 of 2024 (decided 24.02.2026) and CWP No.4632 of 2025, Bindumati v. State of HP (decided 07.11.2025); (iv) noted that the matter was referred to a Larger Bench in Dhansai Sahu (Chhattisgarh), that a Coordinate Bench had earlier made a like reference in CWP No.2661 of 2016 (Bhoop Ram), and that a Reference per order dated 05.09.2018 is pending (report directed); (v) interim direction to the appellate authority not to disburse the amount already deposited till further orders; notice to sole respondent; listed for 27.08.2026.

The Executive Engineer Vs. Manmohan Singh

CMP(M) No.1051 of 2026

Item No.S-8

08.07.2026 Present : Mr. Gobind Korla, Additional Advocate General, for the appellants/State.

Keeping in view the averments made in the

application, duly supported by the affidavit of the official,

delay of 7 days in filing the appeal is condoned.

The application stands disposed of.

LPA No. of 2026

Appeal be registered.

Learned Addl. Advocate General submits that

the connected appeals have also been filed and he undertakes to supply the details of the said appeals. Office to tag the other five appeals along with the present appeal.

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 HP 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. 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 .

It is further submitted that even earlier this Court in CWP No.2661 of 2016, titled State of HP and Anr. Vs. Bhoop Ram and Anr. along with connected matters, the Coordinate Bench has also referred the matter for constitution of a larger Bench.

Keeping in view the above, we direct the appellate authority not to disburse the amount, which already stands deposited, till further orders.

Office shall also give a report regarding pendency of the Reference as per order dated 05.09.2018.

On taking steps within three days, issue notice to the sole respondent, returnable on or before the next date of hearing.

List on 27.08.2026

(G.S. Sandhawalia) Chief Justice

(Bipin C. Negi) Judge

08^th July, 2026 (Gaurav Rawat)