MUNICIPAL CORPORATION DEVAS Vs. SHANTILAL

JUDGEMENT

(1.) HEARD on I.A. No.1130/2015 which is an application for condonation of delay as well as on the question of admission.

(2.) BY this intra Court appeal, the appellant -Municipal Corporation, Dewas (M.P.) has challenged the order dated 14.5.2013 passed by the writ Court, whereby the writ Court has considered the fact that the respondents and other similarly situated employees were appointed in the year 1993 on daily wages. After some time their services were discontinued and they had approached the labour Court, ultimately the matter was decided by the Industrial Court vide order dated 30.9.2004 and the learned Industrial Court directed the reinstatement of the respondent with back -wages.

(3.) LEARNED writ Court considering the fact that the petitioner (respondent herein) was appointed somewhere in the year 1994 whereas the persons who were appointed in 1997 their services have been regularized, keeping in view the law laid down by the apex Court in the case of Gurpreet Singh v. State of Punjab and others reported in 2002(9) SCC 492, held that once the termination of the employee was set aside, he was entitled to continuity of service, allowed the petition by rejecting the order of the respondent/corporation and directed the respondents to consider the petitioner's case for regularization afresh within a period of three months from the date of receipt of certified copy of the order.