STATE OF CHHATTISGARH Vs. GANESH

JUDGEMENT

(1.) Aggrieved by the order dtd. 25/1/2011 Annexure P/1 and the order dtd. 10/3/2008 Annexure P/2 passed by the Industrial Court, Raipur as also by the Labour Court, Rajnandgaon, respectively, the present writ petition has been filed.

(2.) The facts of the case in brief is that the respondent-worker has approached the Labour Court, Rajnandgaon under Sec. 31(3) of the Chhattisgarh Industrial Relations Act, 1960 (in short, IR Act) against the alleged discontinuance of his service by the petitioner herein. The contention of the worker before the Labour Court was that he was initially appointed at Chhuikhadan Sec. of the Public Works Department, Khairagarh Sub Division in the year, 1992 and he continued to work under the petitioner continuously up till the year, 1996 when his services were abruptly discontinued. According to the worker he had put in more than four years of service and had worked continuously for a period of 240 days before his discontinuance. Before discontinuance in the year, 1996 he was not issued with any show cause notice, nor compensation of any nature even retrenchment compensation was not paid. The worker thereafter had approached the Labour Court. After a prolonged litigation, the Labour Court finally vide order dtd. 10/3/2008 allowed the application which the petitioner had filed and granted the relief of reinstatement with 50 percent backwages.

(3.) The said order of the Labour Court was subjected to challenge in an appeal under Sec. 65 of the CGIR Act before the Industrial Court, Raipur where the case was registered as Civil Appeal No. 34/CGIR Act/A/II/2008. The Industrial Court also after considering all the contentions raised by the petitioner herein rejected the appeal of the petitioner maintaining the order passed by the Labour Court which has led to the filing of the present writ petition.