High Court set aside the administration's rejection of the petitioner's regularization claim, holding that a final Labour Court award confirming continuous employment binds the department. The petitioner was directed to be reconsidered within 90 days.
Impugned order set-aside; respondents directed to reconsider regularization within 90 days.
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.
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 8511 of 2018
Puran Lal S/o Shri Jhariyar Aged About 52 Years At Present Working Place Office Of Assistant Range Office Dhorrithema, Post Doundi, Tahsil Doundi, District- Balod, Chhattisgarh.
---- Petitioner
Versus
----Respondents
For Petitioner : Mr. F.S. Khare, Advocate For State : Mr. R.N. Pusty, Govt. Advocate
Hon'ble Shri Justice P. Sam Koshy
Order on Board
04/01/2019
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the petitioner in accordance with the findings of the Labour Court has to be presumed to be in continuous employment right from 1989 onwards.
7 . The said view stands fortified by the judgment of this Court in the case of “ Tukaram v. State of Chhattisgarh” WPS No. 1703/2015 , decided on 16.05.2017. Once when there is a categorical finding of the Labour Court, the authorities in the department cannot, unless the award is set-aside, sit over the finding of the Labour Court and take a different view. Once when there is an order of holding the petitioner to be in continuous employment from 1989 onwards, the authorities have to presume the fact that the petitioner is in continuous employment from 1989 till 1997. Thus, this Court has no hesitation in holding that the finding of the authority while rejecting the claim for regularization of the petitioner to be bad in law.
10. The writ petition accordingly stands allowed and disposed off.
(P. Sam Koshy) Judge
Ved
2 issues framed by the court
Whether the High Court can positively look into the Labour Court's finding of continuity in employment for regularization purposes.
Whether the impugned order rejecting the petitioner's regularization claim was arbitrary and bad in law.
Colour shows how this judgement treated each authority
Tukaram v. State of ChhattisgarhApplied¶27
Tukaram v. State of Chhattisgarh WPS No. 1703/2015
Puran Lal
State Of Chhattisgarh
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
