LAWS(SC)-2006-2-48

M P HOUSING BOARD Vs. MANOJ SHRIVASTVA

Decided On February 24, 2006
MADHYA PRADESHHOUSING BOARD Appellant
V/S
MANOJ SHRIVASTAVA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The Respondent was appointed on daily wages as a Sub-Engineer (Civil) on or about 7-4-1995. On the premise that his services may be terminated, he filed a writ petition whereupon by an order dated 25-4-2000, the High Court directed the Appellant-Board to consider his case in the light of the purported circulars issued by the State Government for scrutiny of the daily rated employees. Upon the said direction, a scrutiny committee was appointed which found that there had been no vacancy nor there existed any sanctioned post. The Committee prior to coming to the aforementioned opinion gave an opportunity of hearing to the Respondent. He thereafter filed an application before the Labour Court purported to be in terms of Section 31(3) read with Section 64-A of the Madhya Pradesh Industrial Relations Act, 1960 (for short "the 1960 Act") praying that he be classified in the permanent category on the ground that he had satisfactorily worked for more than six months and, thus, became eligible therefor as provided under Clause 2(i) of the Standard Standing Orders. The Labour Court by an order dated 22-1-2002 allowed the said application holding:

(3.) An appeal was preferred thereagainst by the Appellants before the Industrial Court, Jabalpur and by an order dated 16-10-2003, the same was dismissed. A writ petition filed by the Appellant was also dismissed. By reason of the impugned judgment, the Letters Patent Appeal filed by the Appellant has also been dismissed.