STATE OF CHHATTISGARH Vs. NETRAM KANWAR

JUDGEMENT

(1.) Challenge in the present writ petition is to the award dated 4.2.2008 passed by the Labour Court, Rajnandgaon in Case No. 6/I.D./2005(Ref.).

(2.) The terms of reference for consideration before the Labour Court was, whether the termination of services of respondent-worker was legal and proper. If not, what relief could be granted to him and in this regard what directions could be issued to the petitioner-employer.

(3.) The claim of the respondent-worker before the Court below was that he was working under the petitioner-department at Chhuria Sub Division. Allegation was that the respondent-worker having worked for a continuous long period was abruptly terminated from services vide order dated 13.5.2003. According to the respondent-worker, the termination order was issued on the basis of an order of the State Government dated 24.4.2003, wherein it was reflected that all those Gangman who have put in more than 30 years of services or have completed the age of 60 years should be terminated from services. According to the respondent-worker, this action of the petitioner-department was bad in law as he could not be terminated from service without attaining the age of retirement.