A single-judge High Court bench rejected a writ petition challenging a Labour Court award that granted reinstatement without backwages. The Court accepted that the petitioners had reinstated and regularized the worker throughout the pendency, making re-appraisal of evidence unjustified.
Writ petition rejected; award held in favour of respondent
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.
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPL No. 4510 of 2011
(The petitioner no.1 was not a party before the learned labour Court but has been impleaded as petitioner no.1 in the instant petition as the proper course is to implead the State Government through the Secretary of the concerned Department)
---- Petitioners
Versus
Tiketram S/o Budhwari, R/o Village, Dhanpur, Post Nagarda, Tahsil Sakti, Distt. Janjgir Champa, (CG)
---- Respondents
| For Petitioner/State | : Ms. Akansha Jain, Dy. GA |
|---|---|
| For Respondent/s | : Mr. S. P. Kale, Advocate |
Hon'ble Shri Justice P. Sam Koshy Order on Board
15/12/2020
2
complied with the directions given by the Labour Court and have reinstated the respondent Worker w.e.f. 01.01.2011. Further pending the writ petition before this Court now the petitioner themselves have again passed an order on 14.02.2020 by which the petitioners have regularized the services of the respondent. The said order of regularization has been brought on record by way of an application moved by the respondent worker.
Sd/- (P. Sam Koshy) Judge
Rohit
3 issues framed by the court
Whether the writ petition challenging the Labour Court award should be allowed despite the petitioner having already reinstated and regularized the worker.
Whether the Court should reappreciate evidence given the factual development that the dispute has remained resolved.
Whether equity runs in favour of the respondent employee who has been working for years after regularization.
State Of Chhattisgarh Through the Secretary, Department of Water Resources, D.K.S. Bhawan, Mantralaya, Raipur
Sub Divisional officer, Janjgir Shakha Nahar Up-Sambhag Kramank 4, Nandeli Bhatha, Sakti Post Sakti, Distt. Janjgir Champa, CG
Tiketram S/o Budhwari
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
