HUKUM SINGH Vs. ASSISTANT ENGINEER

JUDGEMENT

(1.) With consent, matter heard finally. Order dated 14.9.2012 passed by labour Court, Jabalpur has been assailed, whereby an application under Section 33 C (2) Industrial Dispute preferred by the petitioner has been rejected as not tenable.

(2.) Petitioner engaged as helper on daily wages in the Department of Public Health Engineering, Government of M.P. earlier had approached the labour Court vide application under Section 31 (3), Madhya Pradesh Industrial Relations Act, 1960 (referred to as '1960' Act) seeking permanent classification. The remedy under MPIR Act was sought because at relevant time the Department of Public Health and Engineering was scheduled as Industry under, 1960 Act.

(3.) The application under Section 31 (3) was allowed on 17.12.1999 classifying the petitioner as permanent with consequential benefits. An appeal thereagainst was dismissed on 9.2.2001. The orders were affirmed in Writ Petition No. 5996/2001 (dismissed on 6.5.2002) and Civil Appeal No. 7380/2003 (dismissed on 23.7.2009).