High Court disposed of a writ petition challenging a Labour Court award for reinstatement without backwages, holding that subsequent regularization of the respondent's services and his continuous employment favored dismissal of the challenge.
Writ petition disposed of; Labour Court award of reinstatement without backwages maintained.
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
Writ Petition (L) No. 301 of 2014
1. State Of Chhattisgarh And Anr. Through The Secretary, Department Of Water Resources Mahanadi Bhawan, Mantralaya, Naya Raipur C.G., Chhattisgarh
(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 Govt. through the Secretary of the concerned department)
2. The Executive Eingineer Hasdeo Nahar Jal Prabandh Sambhag, Janjgir, Distt. Janjgir Champa C.G.
---- Petitioner
Versus
1. Muritram S/o Late Ramratan Kashyap Aged About 40 Years R/o Post Khisora, P.S. Navagarh Tahsil Pamgarh District Jangjir Chamap C.G., Chhattisgarh
---Respondent
| For Petitioner-State | : Shri Jitendra Pali, Dy. A.G. |
|---|---|
| For Respondent | : Shri S. P. Kale, Advocate. |
Hon'ble Shri Justice P. Sam Koshy Order on Board
22.06.2021
1. The present writ petition was filed challenging the award dated 13.05.2014 passed by the Labour Court, Janjgir Champa in case No.63/IDA/2013 (Ref.). Vide the impugned award, the Labour Court has granted the relief of reinstatement without backwages.
2. The respondent-worker involved in the present case is said to have employed as daily wage worker under the petitioners during January 1980 to January 1990. Thereafter, he was discontinued from service abruptly. The worker thereafter raised a dispute under the Industrial
-2-
Disputes Act and the matter stood referred to the Labour Court. The Labour Court taking into consideration the pleadings and the evidence which have been brought on record on either side, vide impugned award has answered the reference in the affirmative holding that the respondent worker is entitled for the benefit of reinstatement without backwages.
3. The impugned award dated 13.05.2014 was challenged by way of present writ petition which was filed by the petitioners on 10.12.2014.
4. From the documents enclosed along with the writ petition itself it shows that the respondent worker was reinstated by the authorities as early as on 04.07.2014 and from 04.07.2014 onward the worker has been continuously working under the petitioners.
5. Today when the matter is taken up for final hearing, counsel for the respondent worker submits that pending the writ petition before this Court the State Government itself has vide order dated 14.02.2020 regularized the services of the worker and since then he is working as a regular employee under the petitioners.
6. Given the aforesaid submission by the counsel for the respondentworker, particularly taking note of the fact that the petitioner stood reinstated in service pending the writ petition, the equity stands in favour of the worker who firstly was reinstated immediately by the petitioners w.e.f. 04.07.2014 and since then he has put in more than 6 years of continuous service and meanwhile he also stands regularized under the petitioners. Moreover, by efflux of time the respondent worker has also served the petitioners for quite some
-3-
time and is at the fag end of his service career where only few years of service is left for his retirement.
7. Under the circumstances, this court is inclined to dispose of the writ petition holding that the award passed by the Labour Court does not warrant any interference at this stage in the light of subsequent development that has transpired particularly in favour of the respondent-worker.
8. The writ petition accordingly stands disposed of maintaining the award passed by the Labour Court.
Sd/- ( P. Sam Koshy ) Judge
Jyotijha
1 issue framed by the court
Whether the High Court is inclined to interfere with the Labour Court's award granting reinstatement without backwages in light of subsequent regularization of the respondent's service?
State Of Chhattisgarh
Executive Engineering Hasdeo Nahar Jal Prabandh Sambhag
Muritram S/o Late Ramratan Kashyap
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
