STATE OF M.P. Vs. RAJESH SINGH CHAUHAN

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India assails the order dated 22.4.2010 (Annexure P -1) passed by the Labour Court No.2, Gwalior in Case No. 10A/MPIR/06 partly allowing the application under section 108 of the M.P. Industrial Relations Act of the respondent/employee thereby granting an amount of Rs. 1,11,985/ - for the period from 13.1.2000 to 31.7.2005 arising out of difference of salary between the salary received by the petitioner as a daily wager and the salary due to him pursuant to his classification on the post of Chowkidar by order dated 13.10.1999 (vide P -4) passed in Case No.322/95/MPIR by the Labour Court No.2, Gwalior. Further challenge is made to the order dated 29.11.2013 (Annexure P -2) of the Labour Court No.2, Gwalior, by which the RRC against the employer has been directed to be issued for executing the abovesaid order passed in favour of the respondent employee for recovery of the amount of Rs. 1,11,985/ -.

(2.) LEARNED counsel for the State has basically argued that the respondent employee was not entitled to classification. This Court is afraid that the abovesaid ground is not available to the State and its functionaries as the order of the Labour Court No.2, Gwalior classifying the respondent employee as permanent on the post of Chowkidar has attained finality upto this Court by virtue of Writ Petition No.477/2003, having been rejected on 8.9.2003.

(3.) FROM perusal of the impugned orders, it also appears that for calculating the amount of Rs. 1.11,985/ -, the period from 13.1.2000 to 31.7.2005 was taken into account. It is pertinent to point out at this stage that the Labour Court while passing the impugned order dated 13.10.1999 held the respondent employee to be classified as permanent employee immediately after expiry of 6 months of the date of his appointment. Indisputably, the respondent employee was initially engaged in January 1989 and therefore was deemed to be classified with effect from 1,7.1989. However, the benefit of arrears of salary extended to the respondent/employee is w.e.f. 31.1.2000 instead of July 1999 which is in favour of the State.