MOHANLAL KUMHAR Vs. STATE OF M.P.

JUDGEMENT

(1.) At the request of the learned counsel for the parties, since the pleadings are complete, the matter is heard finally.

(2.) As per the facts of the case, the petitioner was initially appointed as a Driver in the contingency establishment by respondent No.2 on 25.09.2006 and thereafter the petitioner continued in service till 22.10.2011 without any written order. But, on the basis of oral order, he was removed from service without assigning any reason and also without giving any opportunity of hearing. The petitioner approached the Assistant Labour Commissioner for reconciliation of the dispute although that failed and thereafter the matter was referred to the Labour Court under Section 10 of the Industrial Disputes Act, 1947 (for brevity the 'Act, 1947') for resolving the dispute.

(3.) The petitioner thereafter submitted his joining on 14.03.2018 giving reference to the order of the High Court. The joining letter is Annexure-P-4 to the petition. In response to the said letter, the District Program Officer (respondent No.4) wrote a letter to respondent No.3, sought his advice apprising that the post of Driver has been declared as a dying cadre post and there is no other Class-IV post lying vacant, ergo, in pursuance to the order passed by the High Court and also by the Labour Court, it is very difficult to get the petitioner reappointed. Thereafter, on 09.06.2018 instructions issued by respondent No.4 to respondent No.2 to take work from the petitioner as Unskilled Labour (Chowkidar) and post him in Child Development Project, Chichli. The letter dated 09.06.2018 is Annexure-P-6. On 14.06.2018, the petitioner submitted his joining. The joining letter is Annexure-P-7. The petitioner thereafter in a public hearing held on 19.06.2018 made a complaint to respondent No.5 that despite performing duties, his attendance is not being recorded by respondent No.2 and his presence is also not shown in the attendance register as such requested respondent No.5 to issue appropriate instructions to the officer so that his presence be officially recorded. The said complaint is available on record as Annexure-P-8. Thereafter, on 07.07.2018, he again made a complaint to respondent No.5 i.e. Annexure P-9, apprising him that although he was allowed to join on 14.06.2018 but thereafter respondent No.4 asked him not to come in the office as his services were not required.