LAWS(MPH)-2012-7-7

PRADEEP KUMAR MASURKAR Vs. STATE OF MP

Decided On July 02, 2012
PRADEEP KUMAR MASURKAR Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THE grievance of the petitioner is that he succeeded from the Labour Court in Case No. 62/MPIR/97 dated 09.02.2000 (Annexure P-1), wherein the said Court directed his classification as a permanent employee (Bill Clerk) from 14.02.1995 with pay scale and arrears of pay arising thereto. The said order of Labour Court was unsuccessfully challenged by the employer in Appeal No. 226/MPIR/2000 before the Industrial Court and then in Case No. 61/2006 W.P.(S) before this Court. Thereafter, in absence of any further challenge, the order had attained a finality. Petitioner preferred a series of representations to Labour Commissioner and Principal Secretary for grant of sanction/permission to prosecute the employer. Respondents are sitting tight over the matter and his representations have not been decided. In absence of permission, petitioner's complaint was rejected by the Labour Court vide Annexure P-7 dated 04.03.2008. In almost similar circumstance, this Court passed following order in W.P. No. 3569/2008 (Ramesh Kumar Sahu Vs. State of M.P. and others), the relevant portion reads as under:-

(2.) FOLLOWING the aforesaid order which was further followed by this Court in W.P. No. 8070/2011 (Rajvendra Singh Chouhan Vs. Govt. of India and others), this petition is disposed of with the following directions: