LAKHAN SINGH BAGHEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this petition, under Article 226 of the Constitution of India, petitioners have called in question the legality, validity and propriety of the order dated 3/12/2016 (Annexure P/1) orders of classification of the petitioners, have been cancelled.

(2.) Brief facts leading to filing of this petition are that petitioners are employees of PHE department posted in PHE Division, Bhind, having been appointed as daily wagers. When they were not being classified, petitioners Lakhan Singh, Phauji Singh, Ramnivas Sharma, Chhatrapal Singh and Udai Singh approached the Labour Court and vide order dated 22/2/99, the Labour Court directed the respondents to classify them as permanent employees on the post of Hand Pump Mechanic and to give them regular payscale w.e.f. 23/8/94 along with arrears of salary. The said order was affirmed by the Industrial Court vide order dated 27/3/2002 (Annexure P/3). Being aggrieved, respondents/State challenged the orders of the learned Labour Court, as well as, Industrial Court in W.P. No.718/2003 which was dismissed vide order dated 29/8/2003 (Annexure P/2). Thereafter, respondent no.4 issued classification order dated 15/6/2005 and 30/7/2005, wherein petitioners were classified as permanent employees. Further, the order of W.P. No.718/2003 was challenged in W.A. No. 675/2010. The said writ appeal was dismissed vide order dated 7/1/2011. Thereafter, respondent no.4 has issued the order of cancellation of classification (Annexure P/1), which is subject matter of challenge in this appeal.

(3.) Learned counsel for the petitioner submitted that the point in issue is no more res integra. While dealing with identical controversy, a Division Bench of this Court in W.A No.110/2011 has opined thus:-