KRISHI UPAJ MANDI SAMITI Vs. MUKESH KUMAR BHATT

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution is preferred by the petitioner being crestfallen by the award dtd. 24/3/2018 (pronounced on 2/5/2018) passed by the Labour Court No.2, Gwalior in case No.02/A/I.D. Act/2015 (Reference) whereby the respondent has been directed to be reinstated with 50% back wages.

(2.) Precisely stated facts of the case are that petitioners and respondent were having workman employer relationship and the respondent was appointed as daily rated Nakedar on Collector rate in the establishment of petitioner No.1 Samiti. The dates and events having material bearing over the case and necessary for disposal of the case are as under: <FRM>JUDGEMENT_22_LAWS(MPH)11_2024_1.html</FRM>

(3.) It is the submission of learned counsel for the petitioners that the labour Court No.2, Gwalior committed grave illegality in passing the order impugned while ignoring the material aspects of the matter and the fact that while passing the order of retrenchment of the respondent employee (Annexure P/1), petitioners have complied all the necessary provisions of the Act. After passing the order of retrenchment, the copy of the same has been sent to the Specified Authority i.e. Labour Commissioner, Bhopal. As such, the provisions contained in clause (c) of Sec. 25F of the Act is directory as held by the Apex Court in the case of Pramod Jha and others Vs. State of Bihar and others, 2003(4) MPLJ 1.