STATE OF M.P. Vs. SUNIL DWIVEDI

JUDGEMENT

(1.) These petitions filed by the employer and the workman are directed against the respected portions of the award of labour court dated 4.8.2010 passed in Case No.54/2006/IDR. The employer is aggrieved by the award to the extent the termination of workman was held to be illegal and consequently the direction to reinstate him was issued whereas workman is aggrieved by the said award whereby the reinstatement was ordered without granting him backwages. The workman has claimed back-wages in his petition.

(2.) The stand of workman in his statement of claim was that he was appointed in April, 1995 as draftsman in Working Plan, Vidisha Headquarter. Thereafter, the said office was decided to be closed down by the government. All the permanent and temporary workmen working in the said office were engaged elsewhere. The present workman was directed to join in the office of Chief Conservator of Forest, Working Plan Circle, Bhopal. In turn, the petitioner appeared before the said authority but he was not taken back. The workman was not permitted to work since 2.8.1996. Thus, as per the workman's claim he worked from April, 1995 till August, 1996. The employer also filed its statement of claim and denied the engagement and working of the workman. The employer has taken a specific objection of delay in raising the dispute by the workman. The labour court recorded the evidence of the parties and passed the impugned order dated 4.8.2010.

(3.) Shri Rajesh Tiwari, learned G.A. assailed the award by contending that;