MUNICIPAL COUNCIL, BIRGAON Vs. MANOJ VERMA

JUDGEMENT

(1.) HEARD learned counsel for the parties. Challenge in this petition is to the legality and validity of the award dated 17.05.2012 (Annexure P -1) passed by the Labour Court, Raipur, whereby learned Labour Court directed for reinstatement of the respondent herein in the service without back wages.

(2.) LEARNED counsel appearing for the petitioner/employer would submit that on availability of certain works the service of the respondent was engaged on temporary basis, however, subsequently the services of the respondent were discontinued on the ground of non -availability of work. Being aggrieved, the respondent herein approached the Labour Court under the provisions of Industrial Dispute Act, 1947 (for short "the Act, 1947"). In the said dispute, the Labour Court issued notice to the petitioner/ employer, however, subsequently, the dispute was decided ex parte on the ground of non representation on behalf of the employer and a direction for reinstatement of the respondent in service without back wages was issued. Subsequently, when the petitioner came to know about the aforesaid award of the learned Labour Court, the petitioner moved an application under Order 9 Rule 13 of the Code of Civil Procedure, 1908 for setting aside the ex parte award, however, the said application was dismissed by the Labour Court vide order dated 26.11.2012.

(3.) ON the contrary, learned counsel appearing for the respondent, while supporting the impugned award, would submit that though there is no order of regularisation, but the respondent was given the permanent status looking to the length of services rendered by him. Learned counsel would also submit that the respondent was removed from the service without following the due process of law.