SUSHILA SHRIVAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The challenge in the present writ petition is the award passed by the Labour Court, Korba in case No. 7/I.D. Act/2008/ Reference dated 30.11.2009. Vide the said impugned award the Labour Court has answered the reference in the negative holding that the petitioner is not entitled for any benefit and has rejected the claim.

(2.) The facts of the case in the present writ petition was also which was adjudicated by the Labour Court is that the deceased employee in the instant case Ashok Kumar Shrivas that is the husband of the petitioner No.1 and the father of the petitioner No.2 and 3 was engaged as Daily Wage Employee under the respondents on 01.01.1990. He continued to discharge the duties as Daily Wage Worker uptill 28.02.1995. Thereafter, the said employee was disengaged w.e.f. 01.03.1995 onwards.

(3.) The discontinuance was not immediately challenged by the worker before any forum, after a lapse of around 12 years the worker raised a dispute referred to the Labour Court for adjudication in the year 2008 where the matter was registered as Case No. 7/I.D. Act/2008/ Reference. The Labour Court, after the pleadings were completed, vide its award dated 30.11.2009 has turned down the claim of the worker holding him to be not entitled for any relief. It is this award which is under challenge in this writ petition.