STATE OF M P Vs. HARIRAM

JUDGEMENT

(1.) PETITIONERS have filed the petition challenging the orders Annexure P-1, dated november 16, 2007 and Annexure P-2, dated august 17, 2007 passed by the Industrial Court, gwalior and Labour Court, Gwalior.

(2.) INITIALLY the respondent-employee filed an application before the Labour Court under the provisions of Madhya Pradesh Industrial relations Act for his classification on the post of Chowkidar and also challenged the order of termination of service dated July 4, 1995. He pleaded that he had been working on daily wage basis as Chowkidar w. e. f. July 1, 1990. He completed six months satisfactory service and was entitled to be classified on the post of chowkidar. Contrary to this the department issued a notice dated July 4, 1995 terminating his services which is illegal. The Labour Court vide order dated February 10, 2000 allowed the application of the respondent-employee and quashed the notice dated July 4, 1995 and also ordered classification of the employee from july 24, 1993 on the post of Chowkidar with payment of salary for the post w. e. f. July 24, 1993.

(3.) PETITIONERS filed an appeal against the aforesaid order, which was also dismissed by the Industrial Court vide order dated April 23, 2002. Thereafter, petitioners further filed a petition before this Court, which was registered as Writ Petition No. 2140/2003 and same was also dismissed vide order dated July 18, 2003. Thereafter, the Executive Engineer vide order dated October 12, 2004 classified the respondent-employee as permanent Labourer and further ordered that respondent-employee shall be entitled minimum pay as fixed by the labour Commissioner.