MP WAREHOUSING AND LOGISTICS Vs. JAGDISH AHIRWAR

JUDGEMENT

(1.) WITH consent of the parties the matter is finally heard. In this writ petition the petitioner as challenged the validity of the award dated 25-4-2006 passed by the Labour Court by which order of termination of the respondent No.1 has been set aside and the respondent No.1 has been directed to be reinstated in service with 50% backwages. In order to appreciate the petitioner's challenge to the impugned award, few facts need mention which are stated infra.

(2.) THE petitioner-Corporation is a body corporate, constituted under the provisions of the M. P. Agriculture Warehousing Act, 1962. It is the case of the petitioner that in August, 1997 two regular watchmen were transferred from Lateri Branch of the petitioner-Corporation. THE petitioner-Corporation engaged the respondent No.1 on the rate fixed by the Collector on contract basis, with effect from 11-9-1997. THE contract of the petitioner was renewed from time to time and eventually vide order dated 15-4-1998 it was renewed up to 14-4-1998. After 14-4-1998 the contract of the employment of the respondent No.1 was not renewed on failure of conciliation proceedings under Section 10 of the Industrial Disputes Act, 1947 [hereinafter referred to as `the 1947 Act'], the dispute was referred to the Labour Court for adjudication. THE respondent No.1 filed his statement of claim in which it was pointed out that he has worked for the period of more than 240 days in a calender year and his services have been terminated in violation of Section 25-F of the 1947 Act.

(3.) IN the result, the writ petition fails and is hereby dismissed.