HARI SINGH Vs. CENTRAL INDIA MACHINERY

JUDGEMENT

(1.) THE petitioner employee has challenged the order dated 2 -8 -1996 Annexure P/V, passed by the Industrial Court, Gwalior, whereby, the orders of the Labour Court as contained in Annexure P/ III, dated 8 -4 -1994, has been modified to the extent that the direction contained in the aforesaid order of the Labour Court, directing classification of the petitioner has been set aside by the Industrial Court.

(2.) IT is the case of the petitioner that he was employed in the respondent's establishment since 1979 and in the year 1981 vide Annexure P/1, an application was filed under the provisions of Section 31 (3) read with Sections 61 and 62 of the M.P. Industrial Relations Act, 1960. (hereinafter referred to as the Act) claiming classification in the post of helper. It was the case of the petitioner that even though he was working as helper from the date of his initial appointment on daily wages, the benefit of permanent employee has not been extended to him that being so classification as a permanent employee has been sought for in accordance with the provisions of Clause 2 of the Standard Standing Orders framed under the M.P. Standing Orders Rules. The aforesaid application for classification was pending before the Labour Court when on 23 -1 -1987 the petitioner's services were terminated. He, therefore, moved an application for amendment and challenged the action of termination also in the same proceedings.

(3.) BEING aggrieved by the order of the Labour Court the respondent -employer preferred an appeal before the Industrial Court under the provisions of Section 65 of the Act. The Industrial Court by the impugned Order Annexure P/V, dated 2 -8 -1996 has dismissed the appeal of the employer so far it relates to grant of reinstatement and backwages but interfered with the order granting classification to the petitioner employee.