PRABHU LAL THEKWAR Vs. STATE OF C G

JUDGEMENT

(1.) BY this petition filed under Article 226/227 of the Constitution, the Petitioner challenges the validity of the order dated 11.7.2006 (P/12), passed by the Industrial Court, Raipur in Appeal No. 136/CGIR/2005/A-IT and further seeks for relief of reinstatement of the Petitioner with full back wages.

(2.) THE indisputable facts, in nutshell, are that the Petitioner was appointed as daily-wager on the post of driver on 1.4.86. THE Petitioner was arrested in a criminal case and was sent on judicial custody on 14.5.91. He was released from judicial custody on 1.7.91. He was denied the joining because of pendency of the criminal case. On 21.10.93, the Petitioner was directed to produce the order of acquittal, passed in the criminal case. THEreafter, the Petitioner remained absent from 8.10.93 to 31.1.94.

(3.) AGAINST the said order, passed by the Labour Court, the Superintending Engineer and Executive Engineer, Tandula Water Resources Department, Durg filed an appeal, being Case No. 109/M.P.I.R.A/II/2000, before the Industrial Court, Raipur. The Industrial Court vide order dated 5.8.2003 (P/9) held that the Labour Court has not considered asto whether the employee was a daily-wager or his appointment was in accordance with statutory provisions. Thus, the appeal of the Respondents was allowed and the matter was remitted back to the Labour Court for a fresh decision on merit after examining evidences, if any, adduced by the parties.