SATISH PRAJAPATI Vs. STATE OF M.P.

JUDGEMENT

(1.) In the instant Intra Court appeal, a challenge has been made to the order dated 20.12.2016, passed by the learned Single Judge, whereby the writ petition challenging the order dated 13.02.2007, passed by the Industrial Court has been dismissed.

(2.) The Industrial Court vide order dated 13.02.2007 has allowed the appeal filed by the respondent/Municipal Council and set aside the award passed by the Labour Court classifying the petitioner as permanent Lower Division Clerk or Assistant Revenue Inspector in Municipal Council service.

(3.) Succinctly the facts are that the petitioner was engaged on daily wages in the year 1988. He filed an application under Section 31 read with Section 61 of the Madhya Pradesh Industrial Relation Act, 1960 (hereinafter referred to as 'the Act') for permanent classification. It was contended by him that he was engaged on daily wages but he was assigned the work of Lower Division Clerk in the Revenue branch of the Municipal Council w.e.f. 04.12.1988. The said post is Class-III post. It is also submitted that his performance has always been satisfactory. He submitted an application for regularisation of his service on 28.11.1960, but despite the circular of the State Government, his services were not regularised and therefore, he filed a case for classification of his service.