LAWS(CHH)-2006-11-20

RAMESH JAYASWAL Vs. STATE INDUSTRIAL COURT

Decided On November 09, 2006
Ramesh Jayaswal Appellant
V/S
STATE INDUSTRIAL COURT Respondents

JUDGEMENT

(1.) THE present petition filed under Article 226/ 227 of the Constitution of India, impugns the order dated 19-7-2006 (Annexure-P/7) passed by the Industrial Court whereby the revision against the order dated 20-2-2006 passed by the Judicial Magistrate First Class (in short "JMFC"), Raipur, was dismissed.

(2.) THE undisputed facts, in nutshell, are that the petitioner Ramesh Jayaswal is a Joint Managing Director, Jayaswals Neco Limited, having its registered office at Nagpur and a Steel Plant at Raipur. The respondent No.3 namely Pradeep Kumar Sengupta, challenged the order of his termination dated 28-6-2002 before the Labour Court, Raipur, in case No. A-356/M.P.I.R. Act/2002. The Labour Court during pendency of the case directed the petitioner herein and three others (non-applicants) to pay 50% of salary to the applicant Pradeep Kumar Sengupta (respondent No.3 herein) till disposal of the case in an application filed under Section 84 of the MP/CG Industrial Relations Act, 1960 (for short "CGIR Act").

(3.) BEING aggrieved, the petitioner herein alongwith three other non-applicants in Labour Court, moved the Industrial Court in appeal and thereafter this Court in writ petition, which were rejected.