Disposed

State of Chhattisgarh and Ors. v. Subudhi Lal Yadav and Anr.

Chhattisgarh HC14 Sept 2023WP227/7307/2010

Case brief

AI extract

What is this about?

A petitioner filed a writ challenging the Labour Court's order regarding the retrenchment of a daily wage worker. The High Court held the petition infructuous as the respondent had been regularized and retired upon superannuation, and disposed of the matter while vacating interim orders.

What did the court decide?

Petition disposed of being rendered infructuous. Interim order vacated.

State of Chhattisgarh and Ors. Vs Subudhi Lal… — Service and Employment | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WP227 No. 7307 of 2010

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1. State Of Chhattisgarh, Through- The Principal, Government Arts and Commerce College, Lormi, Tahsil Lormi, District Bilaspur C.G.

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1. The Joint Director,Higher Education Department College, Campus, Raipur (C.G.).

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1. The Commissioner, Higher Education Department, College Campus, Raipur (C.G.)

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---- Petitioners

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Versus

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1. Subudhi Lal Yadav, Aged about 45 years, S/o Shri Manthan Lal Yadav, Ex Chaukidar, R/o Hardikala (Toana) Presently R/o Devrikhurd, Shafedkhadan, Bilaspur District Bilaspur (C.G.)

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1. The Presiding Officer, Labour Court, Bilaspur, District Bilaspur (C.G.)

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---- Respondents

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(Cause-title taken from Case Information System)

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For Petitioners : Mr. R.M. Solapurkar, Advocate For Respondent No.1 : Mr. S.P. Kale, Advocate

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Hon'ble Shri Justice Rakesh Mohan Pandey

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Order on Board

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14.09.2023

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The petitioners have challenged the instant petition seeking

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following relief (s) :

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(i) The Hon’ble Court may kindly be pleased to call for the entire records, pertaining to order dated 05.06.2010 passed in Case No.14/I.D.Act/2008 (Ref) by the Labour Court, Bilaspur.

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(ii) The Hon’ble Court may kindly be pleased to issue appropriate writ/writs, direction/directions, order/orders, holding that the impugned order dated 05.06.2010 passed in Case No.14/I.D.Act/2008 (Ref.) by the Labour Court, Bilaspur is bad in law, arbitrary, therefore, it may be set aside/quashed.

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(iii) That the respondent No.1 being the daily wage worker, no right had accrued upon the petitioners and the petitioners were justifying in retrenching the service of the respondent No.1 was in accordance with law and the respondent No.1 is not entitled for any relief.

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(iv) Cost of the petition be allowed.

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(v) Any other relief, which this Hon’ble Court deems fit and proper under the facts and circumstances of the case.

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1. Learned counsel for respondent No.1 would submit that services of respondent No.1 were regularized vide order dated 18.03.2021 and he got retired from services on attaining the age of superannuation on 31.05.2023 and thus, nothing remains for adjudication in the matter.

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1. Learned counsel for the petitioners would not oppose the submission based on the documents made by learned counsel for respondent No.1.

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1. Taking into consideration the fact that services of respondent No.1 were regularized and he got retired from services on attaining the age of superannuation on 31.05.2023, thus, this petition has become infructuous.

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1. Accordingly, this petition is disposed of being rendered infructuous.

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1. Interim order granted earlier is hereby vacated.

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(Rakesh Mohan Pandey) Judge

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Rekha

State of Chhattisgarh and Ors. v. Subudhi Lal Yadav and Anr.

Case brief

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State of Chhattisgarh and Ors. v. Subudhi Lal Yadav and Anr.

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