STATE OF CHHATTISGARH Vs. GAUKARAN YADAV

JUDGEMENT

(1.) The petitioner State preferred this petition seeking quashment of the order dated 1/9/2012, passed by the Labour Court, Bilaspur, in case No.25/ID Act/2011 (Ref.) whereby the labour Court directed for reinstatement of the workman in service without any back wages.

(2.) Learned counsel for the petitioner/State would submit that in 1991 the services of the respondent-workman were taken on daily wages basis, however, on account of non-requirement of the service of the respondentworkman he was removed from the service in 1997. Being aggrieved the workman raised an industrial dispute under the provisions of Industrial Disputes Act, 1947 (for short 'the Act, 1947'). It was referred to the labour Court for adjudication. In the said matter the petitioner/employer submitted the reply. The Court below while passing the impugned award has not at all appreciated the facts and circumstances of the case in its true perspective. According to the petitioner, the workman was not in service against the sanctioned post and as such the provisions of the Act, 1947 would not be applicable to the facts of the present case. Learned counsel would submit that at the most, instead of reinstatement, the respondent workman would be entitled for monitory compensation.

(3.) The identical issue has already been considered and decided by the learned single Judge of this court in the State of Chhattishgarh & Another v. Dhaniram, WP (L) No.3034 of 2009 (decided on 2.2.2011) and other connected writ petitions and instead of reinstatement, monetary compensation has been awarded. The said decision has been affirmed by the Division Bench of this Court in Brij Nandan Chandra v. State of Chhattisgarh and another, WA No.50 of 2011 (decided on 17.02.2011) and other connected writ appeals and even the same has also been affirmed by the Supreme Court in Brij Nandan Chandra v. State of Chhattisgarh and another, Special Leave to Appeal Civil No.15761 of 2011 (decided on 5.7.2011).