NAGAR PALIK NIGAM, UJJAIN Vs. RAJPALSINGH

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by award dated 27.2.2017 passed by Labour Court, Ujjain By the aforesaid award, the Labour Ujjain has directed reinstatement of the respondent without back-wages.

(2.) The respondent raised an industrial dispute before the Dy. Commissioner u/s. 10 of the Industrial Disputes Act, 1947 (hereinafter, for short, "the Act") alleging that he was engaged by the Municipal Corporation, Ujjain in the month of April, 2012 as a Driver in Fire Brigade Section. He was paid as per Collector-rate.

(3.) Before the Reference Court, the respondent filed statement of claim and the present petitioner filed the reply. By way of reply, it was specifically pleaded that the respondent was never appointed in the Fire Brigade Section in the month of April, 2012, therefore, question of termination does not arise. The provisions of the Act are not applicable. The employment in the Municipal Corporation are made under the provisions of M.P. Nagar Palik Nigam (Adhikariyon Ki Sevako Ki Niyukti Tatha Seva Shart) Niyam, 2000 after following due process.