LAWS(MPH)-2013-12-17

STATE OF M.P. Vs. RAGHUVEER SINGH

Decided On December 06, 2013
STATE OF M.P. Appellant
V/S
RAGHUVEER SINGH Respondents

JUDGEMENT

(1.) BY invoking the jurisdiction of this Court under Article 227 of the Constitution of India, the petitioner has challenged the order of the Labour Court dated 4.2.2010 passed in Case No. 36 -A/MPIR/ 07 whereby the Labour Court decided the application preferred by the employee under Section 108 of the MPIR Act. The Labour Court directed the employer to pay Rs.3,96,143/ - to the respondent. This order was unsuccessfully challenged by the employer by filing M.A.No. 6/MPIR/2010 before the State Industrial Court. The Industrial Court by order dated 23.4.2010 (Annexure P -2) rejected the said appeal. These orders of Labour Court and Industrial Court are called in question in the present petition.

(2.) LEARNED Deputy Government Advocate has taken pains to submit that on classification the respondent is not entitled to get pay scale attached to the permanent post. In support of her contention, she relied on various judgments of Supreme Court mentioned in page 15 of the writ petition. She submits that certain matters are pending before the Supreme Court wherein the question is whether on classification the employee will get benefit of pay scale attached to the permanent post.

(3.) I have heard the learned counsel for the parties and perused the record.