LAWS(MPH)-2013-11-88

STATE OF M.P. Vs. MITHILESH KUMAR TIWARI

Decided On November 01, 2013
STATE OF M.P. Appellant
V/S
Mithilesh Kumar Tiwari Respondents

JUDGEMENT

(1.) Shri Devashish Sakalkar, Panel Lawyer for Petitioner.

(2.) By order dated 24.09.2001 Labour Court allowed the application under Section 31 read with Section 61 M.P. Industrial Relations Act, 1960, filed by respondent, seeking classification as permanent employee, whereas, by order dated 27.02.2002, an appeal preferred by the petitioner herein against the order of permanent classification, has been dismissed.

(3.) Grievance put forth by the petitioner is that, the Labour Court as well as the Industrial Court failed to appreciate that respondent Mithilesh Kumar Tiwari was engaged as daily wages labourer and the same was not against any vacant post nor any recruitment process known to law, has been resorted to, while engaging him. It is contended that, respondent/workmen was never employed as a Chowkidar. It is urged that, this fact that workmen was engaged on daily wages and there were no sanctioned post against which he was engaged was duly admitted by the workmen before the Labour Court and yet the Labour Court while shifting the burden on the petitioner-employer passed an award in favour of the respondent/workmen classifying him as a permanent employee. It is urged that, even the Industrial Court committed the same folly in affirming the order passed by Labour Court. It is contended that, interpretation by Labour Court as well as the Industrial Court of Clause 2(i) of Standard Standing Orders to the extent that, immediately after completion of six months, a workman acquires a right to be classified as a permanent employee, suffers from vice of perversity in absence of cogent proof regarding the fact that such appointment was against clear vacancy and that workmen has satisfactorily discharged his duties on such posts.