STATE OF M.P. Vs. STATE INDUSTRIAL COURT

JUDGEMENT

(1.) IN all these writ petitions, petitioner is the State of M.P. (hereinafter referred to as the employer) and by these writ petitions filed under Article 227 of the Constitution of India, it prays for issuance of an appropriate writ, order or direction for quashing the orders of the Labour Court, as affirmed in appeal by the Industrial Court, whereby employer has been directed to classify the emloyees on various posts.

(2.) IN all these cases, respondent i.e. the employees are either time -keepers, Chaukidars, Lower Division Clerks, Helper or Plumber helpers and they were appointed on daily wages in the Hasdeo Bango Project of the Irrigation Department of the State Government. They filed applications before the Labour Court stating therein that they have completed six months of satisfactory service and they are still paid salary on daily wages basis. In the aforesaid premises, prayer was made to classify them as permanent employees. The Labour Court on consideration of the case found that the employees have worked for more than six months satisfactorily and, therefore, entitled to be classified as permanent employees, and he directed accordingly. It is relevant here to state that the aforesaid order was passed by the Labour Court expert as the employer did not chose to appear before it.

(3.) SHRI R.K. Thakur, Deputy Advocate General, does not press the aforesaid two points urged before the appellate Court but submits that before directing for classification of employees, courts below were under an obligation to give a finding that the clear vacancy exists. Learned counsel has taken me through the Judgment of the Labour Court as also the Industrial Court to show that no such finding was recorded by either of the Court.