KISMAT RAO MORE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The challenge in this petition is to the order dated 05.10.2018 (Annexure P/1) whereby the claim of the the petitioner for regularization has been rejected.

(2.) Present is the second round of litigation. The earlier round of litigation was WPS No.7288 of 2017 which got disposed of on 02.01.2018 whereby this court had directed the respondents to consider the case of the petitioner for regularization as per circular dated 05.03.2008. The impugned order of rejection has been passed on the ground that the petitioner has not worked continuous between the period 1989 to 1997 and there was also period of employment rendered by the petitioner as daily wage worker and therefore he was not entitled for the benefit of circular dated 05.03.2008.

(3.) The petitioner took the court through the facts of the case where it is contended by the petitioner that he was initially engaged as daily wage employee in the year 1987 and continuous in employment till December, 1999 when his services stood discontinued. The petitioner thereafter raised industrial dispute and the matter stood referred to the Labour Court, Rajnandgaon vide case No.137/ ID Act /Ref./2012. The Labour Court vide its award dated 09.11.2012 granted the relief of reinstatement in service without back wages treating discontinuance of service of the petitioner from 1999 to be bad in law.