Dismissed

The C.G. Infrastructure Development Corporation Transport Section v. Pradeep Kumar Tiwari and Ors.

Chhattisgarh HC3 Sept 2013WP/3617/2000

Case brief

AI extract

What is this about?

This writ petition challenged the reinstatement award granted by the Labour Court and affirmed by the Industrial Court against an employee terminated by the employer. The High Court held there was no perversity or illegality in the impugned orders and dismissed the petition.

What did the court decide?

Petition dismissed; order of Labour Court and Industrial Court allowing reinstatement is preserved.

The C.G. Infrastructure Development Corporation… — Service and Employment | Chhattisgarh HC (2013)

AMENDED PETITION

IN THE HIGH COURT OF JUDICATURE, JABALPUR (M.P.)

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W.P. N0. 3617/2000

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The Chhattisgarh Infrastructure

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Development Corporation (Transport Section),

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Divisional Office, Amanaka, Raipur (C.G.)

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through its Divisional Manaaer.............................Petitioner

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VERSUS

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Shri Pradeep KumarTiwari &others..............Respondents.

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WRIT PETITION UNDER ARTCLE 226/226 OF THE

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CONSTITUTION OF INDIA

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PARTICULARS OF THE PETITIONERS:-

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The Chhattisgarh Infrastructure Development Corporation (Transport Section), Divisional Office, Amanaka, Raipur (C.G.)

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^s^^w^^4-^^'s^

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through its Divisionat Manager

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PARTICULARS OFTHE RESPONDENTS:-

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I- Shri Pradeep Kurnar Tiwari S/o Shbri Dayashankar Tiwari R/o C/o Shri Bhaiyalal Sharma, Booking Clerk, Durg Depot MPSRTC (Durg) (MP), Presently working as Sipahi, Office of Khanij Adhikari, Collectorate, Korba, P.S. Korba, Distt. Korba (C.G.).

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2- The Presiding Officer, Labour Court, Durg (M.P.)

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3- The Member Judge, Industrial Court, Benchat Raipur, RAIPUR(M.P.)

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4- M.P.RoadTransportCorporation, Head Office Habibganj, Bhopal,

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Through its Managing Director"

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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SB: Hon'ble Shri Justice Pritinker Diwaker

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W.P. No. 3617/2000

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PETIT10NER

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The Chhattisgarh Infrastructure

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Development Corporation (Transport Section), Divisional Office, Amanaka Raipur, CG.

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VERSUS

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RESPONDENTS

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Pradeep Kumar Tiwari and others

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Shri Ratan Pusty counsel for the petitioner. Shri Vikram Dixit counsel for the respondent No.1

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ORDER

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(03.09.2013)

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Facts essentiat for the disposalof this petition, in short, are that the respondent/employee filed an application before the Labour Court, Rajnandgaon under Section 31 (3) read with 61 and 62 of the Industrial Retation Act, 1960 chatlenging his termination order passed by the erstwhile Madhya Pradesh State "MPSRTC"). Road Transport Corporation (for short Said application was partly allowed vide order dated 18.10.1996 and it has been held by the Labour Court that the employee has worked for more than 240 days in the preceding years and therefore without following the mandatory provisions of Section 25-F of the Industrial Dispute Act, his services could not have been terminated. The Labour Court has accordingly directed for reinstatement of the employee but has refused to grant back wages. The order of the Labour Court was assailed by the MPSRTC and also by the employee before the Industrial Court. However, vide order dated 6.1.1998 the Industrial Court affirmed the order by the Labour Court dated 18.10.1996. passed Industrial Court has categorically held that the employee has

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worked for more than 240 days and his services were termiriated without following due procedure of law which is bad in the eye of law. The prayer of the employee for back wages has been denied by the Industrial Court also. MPSRTC filed writ petition under Article 227 of the Constitution of India before the hfigh Court of Madhya Pradesh assailing the order of the Labour Court as well as the Industrial Court.During the pendency ofthis petition, State of Chhattisgarh came to be created and therefore the petition of MPSRTC stood transferred before this Court. Subsequently, vide notification dated 13.12.2002 Chhattisgarh Infrastructure Development Corporation was constituted to take over the assets and liabilities of the erstwhile MPSRTC and at a later stage on 27.12.2002 MPSRTC was abolished so far as it relates to State of Chhattisgarh and accordingly after filing amendment application, present petition is being prosecuted by Chhattisgarh Infrastructure Development Corporation.

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Counsel for the petitioner submits that both, the Labour Court as also the Industrial Court have erred in law in holding that the employee is entitled for reinstatement. He submits that the buses of MPSRTC were temporarily engaged in transportation of certain forest produce and for limited number of days services of employee were taken and for that he was paid remuneration. According to the petitioner's counsel, such engagement of the employee was purely temporary and seasonal and since his termination was not as a measure of retrenchment, no retrenchment notice was required to be served on the employee.

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On the other hand, supporting the award of the Labour Court and the order of the Industrial Court so far as they relate to reinstatement, it has been argued on behalf of the employee that afterrecording the evidence, a finding has been given that the employee has worked for more than 240 days in a calendar year and therefore without giving retrenchment compensation, his services could not have been terminated. The said finding,

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according to the counsel for the respondent/employee is well reasoned and based on the evidence adduced by the witnesses which cannot be interfered with. It has been argued that during the pendency of writ petition since 1999 the employeehas been given regular pay scale of helper/carpenter/cleaner etc. and as for last 15 years he is getting the same, his services cannot be terminated at this stage. He argued that both, the Labour Court and the Industrial Court have not granted back wages to the employee nor the same was ever claimed by him, therefore, a sympathetic view may be taken looking to the fact that equity lies in his favour. He submits that in the writ petition, no perversity has been pointed out by the petitioner in the award of the Labour Court which has been confirmed by the Industrial Court and therefore, the petition is liable to be dismissed.

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At this stage, it has been argued by the petitioner that grant of regular pay scale to any employee does not amount to regularization and a separate order is required to be passed for the said purpose after considering many aspects of the case including entitlement of the employee for regularization, vacant post, relevant rules, performance and eligibility.

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After going through the documents filed by the parties, this Court does not find any perversity or illegality in the impugned award and it has been passed on the basis of proper evidence after applying the legal position correctly.^{Theemployeehas} initially worked for four years with the petitioner and thereafter for last 14-15 years he is working with^{it.Mostimportantly,hehas} been granted regular pay scale also. Thus, considering all these aspects of the case there appears to be no reason for this Court to interfere with the order of the Labour Court as well as the Industrial Court.

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In aforesaid view of the matter, the petition has no substance and the same is accordingly dismissed.

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Sd/Pritinker Diwaker Judge

The C.G. Infrastructure Development Corporation Transport Section v. Pradeep Kumar Tiwari and Ors.

Case brief

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The C.G. Infrastructure Development Corporation Transport Section v. Pradeep Kumar Tiwari and Ors.

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