STATE OF M.P. Vs. KRIPA RAM

JUDGEMENT

(1.) This Writ Appeal has been filed by the State of Madhya Pradesh through Principal Secretary Department of Higher Education under Section 2(1) of the Madhya Pradesh Uchch Nayalaya (Khand Nayaya Peeth Ko Appeal) Adhiniyam 2005, challenging the order dated 29.09.2018 passed in Writ Petition No.4396/2012 whereby learned Single Judge has refused to show any indulgence in the matter of order passed by the Labour Court No.1, Gwalior, in Case No.COC99/A/ID ACT/06(Reference: Kriparam Vs. Principal Secretary, Government Model Science College, Gwalior) whereby learned Labour Court has directed for reinstatement of the workman with 50% back wages after recording a finding that applicant Kriparam had worked for more than 240 days in a year and was working as a Mali (Gardener) in such college from 01.11.1995 to 27.09.2005. There was no compliance of Section 25 (F) of the Industrial Disputes Act before retrenchment of the applicant. It has also recorded a finding that order of retrenchment was oral without following the procedure laid down under Section 25 (F) of the Industrial Disputes Act, so also in violation of the law laid down in case of Anoop Sharma Vs. Executive Engineer, Public Health Division No.1, Panipat Haryana, [(2010) 5 S.C.C. 497)

(2.) It is submitted that applicant was engaged under a scheme of Janbhagidari and, therefore, there was no need to make compliance of provisions of Section 25(F) of the Industrial Disputes Act before retrenching the applicant. It is also submitted that order pertaining to payment of 50% back wages is arbitrary and against the evidence adduced on record on behalf of the appellant.

(3.) After going through the record and the evidence as has been adduced by the rival parties before the learned Labour Court, it is apparent that applicant Kriparam has produced documents on record to show that he was regularly engaged to perform work of Mali though his appointment as for a period of 89 days with an artificial break of one day in between. Such documents are on record starting from 06.01.1998 (Ex.P/1) to 26.12.2004 (Ex.P/23).