RAJENDRA KUMAR JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition filed under Article 226 of Constitution challenges the order dated 26.8.2009 Annexure P/9 whereby the petitioner was directed to work in Rural Engineering Department. A direction is prayed for to appoint/retain the petitioner in his original department i.e. Public Health and Engineering Department. In addition, petitioner has prayed for grant of seniority in PHE Department from the date of his initial appointment as Sub Engineer. The brief facts necessary for adjudication of present petition are as under

(2.) Petitioner was initially appointed as daily wager Sub Engineer w.e.f. 8.7.1990. In the year 1991 petitioner was removed. He assailed this order by filing an application before the labour Court under the provisions of M.P. Industrial Relations Act (MPIR Act). The labour Court initially granted interim order pursuant to that petitioner continued in employment. However, in 1996 petitioner was again removed from the service. He assailed this removal by filing an application under section 31(3) of MPIR Act before labour Court which was registered as case No.171/MPIR/1996. Labour Court passed its order on 31.8.1996 and declared the said removal as illegal and directed the petitioners reinstatement with back wages. This order of labour Court was unsuccessfully assailed by the employer by filing appeal No. 341/MPIR/1996 before the Industrial Court and Writ Petition No. 491/2003 before this Court. Said writ petition was dismissed on 14.8.2013. In absence of any further challenge to the order of labour Court dated 31.8.1996, the same had attained finality.

(3.) Shri Dudawat submits that once the petitioner is classified as permanent employee pursuant to the labour Courts order which has achieved finality and employer on its own has also classified him on a permanent post, by no stretch of imagination it can be accepted that there existed no permanent post in the petitioners department. He relied on a recent judgment passed by this Court in a similar matter in Writ Petition No. 5813/2010 (Devendra Singh Kansana v. State of M.P. And others) in support of his contention.