PRAKASH RAO KHEDIKAR Vs. SHRI PRAMOD AGRAWAL, PRINCIPAL SECRETARY, GOVERNMENT OF MADHYA PRADESH AND 4 OTHERS

JUDGEMENT

(1.) The present contempt petition has been filed by the petitioner for non compliance of order dated 27.03.2014 passed in Writ Appeal No.610/2012.

(2.) The writ petitioner was appointed on the post of Time Keeper as daily rated employee in the year 1986. Writ Petition No.6500/2003 was filed for his regularization, which was disposed of on 04.05.2005 with a direction to the respondents to decide the representation / case of the writ petitioner for regularization within a period of six months from the date of receipt of the order. On 07.07.2006, his representation was dismissed. He again challenged the same by filing Writ Petition No.6428/2006. The aforesaid writ petition was allowed by order dated 12.03.2008 with a direction to consider the representation of the petitioner, in view of GAD Circular dated 16.05.2007 and 08.02.2008 and the law laid down by the Hon'ble Apex Court in the matter of State of UP and others v. Puttilal reported in (2006) 9 SCC 337 . His representation was again dismissed vide order dated 28.03.2011. The petitioner challenged the aforesaid order in Writ Petition No.5687/2011, which was disposed of by directing the respondents to regularize the petitioner by paying minimum wages as directed by Hon'ble Apex Court, within a period of eight weeks with back wages; failing which, the Superintending Engineer, Ujjain shall face the contempt proceedings.

(3.) This order was challenged by the State of Madhya Pradesh by filing Writ Appeal No.610/2012 on the ground that the Court cannot direct the employer to regularize services of the petitioner (daily wager worker). It is the domain of the appropriate authority to consider the case for regularization or absorption of the employee.