STATE OF MADHYA PRADESH Vs. SOMDUTT SHARMA

JUDGEMENT

(1.) Leave granted.

(2.) The first appellant - State of Madhya Pradesh and three others have taken an exception to the Judgment and Order dated 11th December 2019 passed by a Division Bench of High Court of Madhya Pradesh in a writ appeal preferred by the present appellants. The writ appeal was directed against the Judgment and Order dated 25th June 2018 passed by the learned Single Judge on a Writ Petition filed by the present appellants. In the Writ Petition, the challenge was to the award made by the Labour Court at Gwalior by which appellants were directed to reinstate the respondent in Rajghat Canal Project of the Irrigation Department of the first appellant. However, the Labour Court declined to grant back wages. The said Order has been confirmed in the Writ Petition filed by the present appellants and by the impugned Judgment and Order dated 11th December 2019, the Division Bench confirmed the decision of the learned Single Judge in the Writ Petition.

(3.) The respondent was initially appointed as a daily wage employee on the post of Helper in the Irrigation Department of the first appellant. His employment was terminated on 1st December 1995. On the directions of the Hon'ble the Chief Minister, the respondent was taken back in service on 11th August 2004. But his employment was again terminated by an Order dated 2nd July 2005. A dispute was raised by the respondent which was referred by the appropriate Government to the decision of the Labour Court. The Labour Court held that Chapter VB of the Industrial Disputes Act, 1947 (for short "ID Act") was applicable. It was held that as compliance with section 25N of the ID Act was not made by the appellants, the respondent entitled to reinstatement.