M P STATE ELECTRICITY BOARD Vs. SITARAM MUNSHILAL

JUDGEMENT

(1.) By this writ Petition filed under Article 227 of the Constitution of India, the petitioners are challenging the pregnability of the impugned order dated November 5, 2004 passed by learned Industrial Court of Madhya Pradesh, Bench at Gwalior in Appeal No. 22/MPIR/2002, whereby the order dated December 18, 2001 passed by learned Labour Court No. 1, Gwalior in Case No. 494/89/MPIR has been reversed and set aside and the application filed under Section 31(3), 61 and 62 of Madhya Pradesh Industrial Relations Act, 1960 (in brevity as an 'Act') by the respondent No. 1 has been allowed.

(2.) The respondent No. 1 (hereinafter referred to as an 'Employee ') filed an application under Sections 31(3), 61 and 62 of the Act before the learned Labour Court that he is serving since 1983 in the establishment of the petitioners (hereinafter referred to as an 'Employee') on a clear vacant post of helper and his work has been found to be satisfactory and hence, he has acquired right to get him classification on the permanent post of helper in terms of clause 2(1) of the M. P. Industrial Employment (Standing Orders) Act, 1961 (in brevity as 'SSO').

(3.) The averments made in the application were refuted by the employer by filing written statement. In para 3, it has been pleaded by the employer that there is no post of 'helper' lying vacant and therefore, classifying the employee on such post does not arise. It has been prayed in the written statement that the application filed under the Act by the employee be dismissed.