LAWS(MPH)-1998-2-64

BANWARI LAL SHARMA Vs. DEPOT MANAGER, MPSRTC

Decided On February 17, 1998
BANWARI LAL SHARMA Appellant
V/S
Depot Manager, Mpsrtc Respondents

JUDGEMENT

(1.) LEARNED Counsel for the respondents raised a preliminary objection that the petition is not maintainable under Article 227 of the Constitution. He placed reliance upon 1998 LLR 154 (Ram Sahai Yadav v. M.P. State Road Transport Corporation) and argued that in a similar case the petitioner was granted relief by the Labour Court. Thereafter the order was challenged before this Court and a Division Bench held that the findings of fact arrived at by the Court below could not be disturbed in exercise of jurisdiction conferred under Article 227 of the Constitution.

(2.) THE learned counsel for the petitioner contends that the petitioner was removed from service. He was a daily wages worker and worked for 240 days. He moved the Labour Court and the Labour Court awarded reinstatement. Thereafter the Industrial Court set aside that order. Hence this petition.