Single-judge bench held that as the respondent was regularized, the challenge to reinstatement was infructuous. However, back wages were set aside as the respondent was a daily wager. Petition partly allowed.
Reinstatement challenge dismissed due to regularization; award for 50% back wages set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
^••'sesfiaisiwfassssssssKwis^'
&
^l.-<<^-" 5
X
v
^^5wl
./;^ff*^i^'} 1
^*'
^" c.r j^
IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH
Writ Petition (L) No. 2C?'8>3>/2007.
Petitioner: State of Chhattisgarh, through Divisional Forest Officer, Territorial Forest Division, Rajnandgaon (CG).
Versus
Respondent Deoraj S/o Shri Phirturam Sinha, R/o Bajrangpur Nawagaon, Ward No. 1, near Hanuman Mandir, Tahsil and District Rajnandgaon (CG).
WRIT PETIT10N UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA.
v
ss-
HIGH COURT OF CHHATTISGARH : BILASPUR
Writ Petition (U No.2983 of 2007
PETtTIONER State of Chhattisgarh
Versus RESPONDENT Deoraj
| Single Bench : Hon'ble ShriJustice PrashantKumarMishra | |
|---|---|
| Pres | ent:- Shri Rakesh Jha, Govt.Advocateforthe petitioner. Shri H.B. Agrawal, Sr. Advocate with Ms. Itu Rani Mukherjee, Advocateforthe respondent. |
| ORALORDER (Passed on this 6thdayofDecember, 2013) Heard learned counselforthe parties. |
|
| 1. | Challenge in this petition is tothe legality and validity ofthe award dated 11-8-2006 (Annexure- P/1) passed by the Labour Court, Rajnandgaon, whereby and whereunderthe Labour Court directed for reinstatement of the respondentherein with 50% back wages. |
| 2. | At the very outset, learned counsel appearing for the respondent would submit that the respondent workman has been regularized by order dated 14-10-2008 (Annexure - R/1) passed by the Divisionat Forest Officer, Khairagarh. |
| 3. | In view of the fact that the service ofthe respondent has already been regularized, the prayer challenging the reinstatement has been rendered infructuous. |
| 4. | The respondent workman was also allowed 50% back wages, however, the said back wages was stayed by this Court on 11-5-2007. Ordinarily the daily wager is not granted back wages because he is engaged on the basis ofavailability ofwork on a given date. |
| 5. | Considering the fact that the respondent has already been regularized and he was not working on a regular post, the award in respect of back wages is set aside. |
| 6. | Inthe result, thewritpetition is partly allowed. |
| 7. | No order as to costs. —-- |
| Sd//- |
|
| Gowri | PrashantKumarMishra Judge |
2 issues framed by the court
Whether the writ petition challenging the Labour Court award on reinstatement is maintainable in light of the respondent's subsequent regularization.
Whether the grant of 50% back wages is appropriate when the respondent was a daily wager and not on a regular post.
State of Chhattisgarh
Deoraj
Prashant Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
