A.S. Bopanna, J. - (1.) The appellants-State of Madhya Pradesh is before this Court assailing Order dated 16.02.2010 passed by the Division Bench of the High Court of Madhya Pradesh at Gwalior in Writ Petition NO.4225/2005. Through the said order the Division Bench of the High Court has approved the Award dated 10.03.2000 passed by the Additional Presiding Officer, Labour Court No.1, Gwalior, in Case NO.107/M.P.I.R/98 by dismissing the appeal filed by the appellants-State and upholding the order passed by the learned Appellate Judge as well.
(2.) We have heard Mrs. Pragati Neekhra, learned Additional Advocate General appearing for the appellants-State and Mr. Tapesh Kumar Singh, learned counsel appearing for the respondent and also perused the impugned order and the materials on record.
(3.) The brief facts leading to the present situation is that the respondent herein had filed an application under Sections 31, 61 and 62 of the Madhya Pradesh Industrial Relations Act, 1960 seeking for categorizing her permanently on the post of Junior Division Clerk and providing permanent salary structure of the said post. In the proceedings before the Additional Presiding Officer, Labour Court No.1, Gwalior, in Case NO.107/M.P.I.R/98, the appellants-State, who were shown as respondents, had appeared and filed their objection statement. It was contended therein that the respondent herein was appointed on 05.06.1992 for the work of Hindi Typist on daily wages. It was contended that the said appointment was not against a clear vacancy and, therefore, the claim as put forth by the respondent before the Labour Court is not justified. The Labour Court on taking note of the rival contentions framed four points for its consideration. While adverting to the legal contentions, the factual aspects relating to the case were taken note. Insofar as the claim as put forth by the respondent seeking that she be categorized as a permanent employee, the Labour Court on taking note of the legal position as also the factual position emerging in the case had recorded a factual finding that the respondent herein had worked for more than six months continuously on the vacant post of TypistLower Division Clerk from the date of the appointment. In that background the Labour Court keeping in view the Madhya Pradesh Industrial Employment (Standing Orders) Rules, 1963 with a specific reference to the Standing Order 2(vi) had arrived at the conclusion that the respondent is entitled to be considered as a permanent employee as the eligibility condition indicated therein as an exception is satisfied.;