LAWS(MPH)-2024-10-38

GOVERDHAN Vs. CHIEF MUNICIPAL OFFICER

Decided On October 17, 2024
GOVERDHAN Appellant
V/S
CHIEF MUNICIPAL OFFICER Respondents

JUDGEMENT

(1.) Since pleadings are complete and learned counsel for the parties are ready to argue the matter finally, therefore, at their joint request, it is heard finally.

(2.) By the instant petition filed under Article 227 of the Constitution of India, the petitioner is assailing the validity of award dtd. 6/8/2022 (Annexure-P/1) passed by Labour Court No.2, Bhopal, whereby the Court has decided a reference made to it under Sec. 10(1) of the Industrial Disputes Act, 1947 (in short the 'Act, 1947').

(3.) As per the facts of the case, the petitioner after entering into services had worked for the respondent w.e.f. 1/10/2011 on the post of skilled labour and thereafter, on 1/2/2019, orally his services were terminated. It is claimed by the petitioner that before terminating his services neither any opportunity of hearing nor any retrenchment compensation was paid to him and as such, his oral termination is in violation of provision of Sec. 25(f) of the Act, 1947. However, the petitioner raised an industrial dispute which was referred to the Labour Court to decide it in the following manner:-