EXECUTIVE ENGINEER Vs. BALATA

JUDGEMENT

(1.) The petitioner has filed this petition against an award Annexure P/1 dated 9.7.2012.

(2.) The question raised in this petition has already been answered by the Division Bench of this Court in the case of Mahesh Rajak v. State of M.P. and others; WP 594/2011, where this Court has held that the Standard Standing Orders are applicable to the Government Department. In the present case, the respondent employee was serving in the Public Works Department, hence, the Standard Standing Order is applicable in the aforesaid Department framed under the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961. The Division Bench has held as under:

(3.) In this view of the matter, in our opinion, the respondent employee is entitled to continue in service upto the age of 58 years in accordance with the SSO. Hence, the petition of the petitioners is disposed of with a direction that the employee is entitled to continue in service upto the age of 58 years and he shall also be entitled to receive the benefit of salary upto the aforesaid age, because he had crossed the aforesaid age limit. The impugned award passed by the labour Court is modified to the above extent. The writ petition is disposed of accordingly. No order as to costs.