STATE OF M P Vs. BHAIRAV PRASAD MISHRA
HIGH COURT OF CHHATTISGARH
STATE OF MADHYA PRADESH
BHAIRAV PRASAD MISHRA
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(1.)THE petitioner, State of M. P. (Now Chhattisgarh)challenges the validity of the award dated 01. 05. 1996 (Annexure p/1) passed by the Labour Court, Bilaspur, in case No. 105/i. D. A. /90 (Ref) whereby removal of the respondent from service was held as illegal and the petitioner was directed to reinstate the respondent with full back wages.
(2.)THE indisputable facts are that the respondent was engaged in the establishment of Executive Engineer, Public Health engineering Division, Korba, as Pump Operator on daily wages basis at village Pauna, Tahsil and District Janjgir-Champa, in the year 1981. The services of the respondent was discontinued by oral order on 31. 12. 1988. The operation of the Pump for which the respondent was appointed, was handed over to the Gram panchayat, Pauna. Engagement of the respondent was for only three months during the summer season as seasonal daily wager, and for the remaining 9 months, the services of the respondent was not required as operation of the Pump was not necessary after onset of the monsoon. , After amendment in the constitutional provisions, Panchayat Raj system was introduced in the year 1993. Thereafter, maintenance and regulation of pump House was handed over to the concerned Gram Panchayat.
(3.)BEING aggrieved by discontinuation of service of the respondent, the respondent raised an industrial dispute before the Deputy Labour Commissioner, Raipur. The Deputy Labour commissioner referred the dispute to the Labour Court on 04. 05. 1990. The Labour Court, after having examined all the aspects, came to the conclusion that the respondent has worked for more than 240 days before termination of his service and the respondent was not given any show cause notice or retrenchment allowance as provided under section 25f of the industrial Disputes Act, 1947 (for short 'ida' ). The Labour court found that the services of the respondent was engaged from 1st of April to 30th June every year for operation of water pump. Accordingly, the Labour Court allowed the application and granted reinstatement with back wages on the ground that the retrenchment was illegal. Thus, this petition.
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