BHAIRAV PRASAD MISHRA S/O LATE BHANU PRASAD MISHRA Vs. STATE OF CHHATTISGARH THROUGH SECRETARY, DEPARTMEN

JUDGEMENT

(1.) The relief sought for by the petitioner in the instant petition is for a direction to the respondent authorities to grant pension and gratuity taking into consideration the entire length of service which the petitioner has rendered under the respondents.

(2.) The brief facts of the case is that the petitioner was initially appointed as Pump Operation on daily wage basis in the year 1982 and on which post he continued to work till 31.11988 and thereafter by general order of the State Govt. the service of all daily wage workers were discontinued including that of the petitioner. The petitioner raised industrial dispute before the Labour Court at Bilaspur under the Industrial Disputes Act which was registered as case No.105/IDAct/90/Ref. which ultimately stood allowed on 01.05.1996. The order of Labour Court was that discontinuance of service of the petitioner was illegal and bad in law and therefore the petitioner shall be entitled for full back wages and consequential benefits.

(3.) The said order of Labour Court was challenged by the State in a writ petition vide WP No.3500 of 1996 which stood allowed on 204.2008 and the order of Labour Court stood quashed. However, the petitioner thereafter preferred a Review Petition before the High Court which was registered as Review Petition No.54 of 2009. The High Court later on allowed the review petition on 22.02.2011 and reviewed its earlier order dated 204.2008 and modified the same to the extent that order of Labour Court to the extent of reinstatement with consequential benefits was upheld, however, the benefits of back wages was denied. Meanwhile, in consequence of the order of Labour Court the petitioner was reinstated in service w.e.f. 06.06.1996 and in due course of time he was also regularized on 01.09.2008 and stood retired from service w.e.f. 30.0201