STATE OF CHHATTISGARH Vs. ASHWANI KUMAR

JUDGEMENT

(1.) Respondent No.1 in W.P.No.140/2004 filed an application under Section 31(3) of the Chhattisgarh Industrial Relations Act stating inter alia that he was appointed on the post of Driver on 25-4-1989, he worked regularly up to the year 1990 and thereafter, he started driver the jeep of the Department and he was terminated only by order dated 20-8-1993, and provisions of Section 29(1)(b) of the Chhattisgarh Industrial Relations Act were not complied with as such, the order of termination is bad. The Labour Court by its impugned order dated 12-2-1998 declaring the termination of respondent No.1 employee as illegal directed the petitioner / State to reinstate him along with back-wages against which W.P.No.140/2004 has been filed by the State questioning the impugned order whereas, W.P. No.4463/2004 has been filed by the respondent No.1 employee stating that despite order of the Labour Court, he is not being reinstated.

(2.) Since common question of law and fact is involved in both the writ petitions, they are heard together and are being disposed of by this common order.

(3.) Mr. Gary Mukhopadhyay, learned Deputy Govt. Advocate appearing on behalf of the State, would submit that there is no evidence to grant such award and full back-wages have been awarded. He would further submit that the respondent employee has not completed two calender months in a year, continuously while working as such.