BHARAT CHAND CHATURVEDI Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition is directed against the order passed by the Member Judge, Industrial Court, Indore, thereby the Industrial Court refused to uphold he order passed by the Labour Court on the ground that the M. P. Public Health Engineering Department is not an industry covered by Item 16 of the Schedule to the M. P. Industrial Relations Act, 1960.

(2.) THE facts leading to this case are as under: -The petitioner was employed in Shahpur Water Project. By order dated May 31, 1980, his services were terminated because of remaining absent between May 25, 1980 to May 30,1980. The petitioner challenged the said order before the Labour Court under Section 31 read with Section 61 of the M. P. Industrial Relations Act, 1960. The Labour Court recorded the evidence and gave an award in his favour, holding that the provisions of M. P. Industrial Relations Act, 1960 apply to the establishments of the Public Health Engineering Department of the Slate Government. It was also held that the termination of the petitioner was not according to law. Termination of the petitioner amounted to illegal retrenchment and according to the Standing Orders, the petitioner was entitled to be taken back in service.

(3.) AGAINST the order passed by the Labour Court, the Department filed a revision before the Industrial Court. The Industrial Court vide para 4 of the order upheld the finding recorded by the Labour Court that the termination of the services for absence between May 25, 1980 to May 30, 1980 did not amount to misconduct. However, the Industrial Court reversed the finding given by the Labour Court that the Public Health Engineering Department is covered by Entry 16 of the Schedule.