LAWS(MPH)-2011-11-48

STATE OF M P Vs. MADAN SINGH KUSHWAH

Decided On November 01, 2011
STATE OF MADHYA PRADESH Appellant
V/S
MADAN SINGH KUSHWAH Respondents

JUDGEMENT

(1.) We have heard the learned counsel for the appellant-State, and the learned counsel for the respondent-employees in this bunch writ appeals. This bunch of writ, appeals involve the same issue. In some of the cases employees were classified as permanent employees against particular posts by the Labour Court and in some of the cases they were so classified by the employer itself.

(2.) In cases where the employees were classified by the Labour Court, the State Government, which is the employer, did not challenge the classification by preferring any writ petition. And, in cases where they were classified by the employer itself obviously, there was no question of challenge to the classification.

(3.) The respondent-workmen were classified as permanent employees in accordance with the Rule 2 of the M. P. Industrial Employment (Standing Orders) Rules, 1963 [hereinafter referred to as 'the Standing Orders'). Since the orders of Classification were not challenged by the employer - State, therefore, the classification of the employees as permanent employees has attained finality, and is no longer open to challenge in these appeals.