State Of Chhattisgarh And ORS. v. Pillu Ram And ORS.

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' §WEW @EéégiyH (r w 1N THE HIGH COURTOF JUDICATURE AT BILASPUR CHHATTISGARH Writ Petition No. gg?1" /2005 Petitiolaers:

lState of Chhattisgarh, Through the Executive Engineer, Hasdeo Kharang Maniyari Ayacut Division, BilaSpur (CG) g / (Iggy Sub Divisional 5C"

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Divisional Officer, Maniyari .Ayacut (Kada) Sub Division No.4, Through Commissioner and President.

Hasdeo Ayacut Development Authority, Bilaspur (MP) (Now C.G.), through Authorised Officer Shri V. K. Khalkho S.D.O. Hasdeo ayacut Sub Division No5 Akaitara District Bilaspur (CG)

Versus

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Pilluram Yadav, S/o Siyararn Yadav, R/o Village Jhapal, Post Lormi, District, Bilaspur (CG) (I.

(N State Industrial Court, Bench Raipur (CG) 3.

The Presiding Officer, Labour Court, Bilaspur (CG) m a"

{ga may§ J x WRIT PETITION UNDER ARTICLE .'

OF THE CONSTITUTION OF INDIA:

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HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. No. 5374 of 2005 PETITIONERS State of Chhattisgarh & another

VERSUS

RESPONDENTS Pi lluram Yadav & others (WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA) '

(_SB: Honble Mr. N.K. Agarwal, J.) :

Shri SP Kale, Deputy Advocate General for the

Present

State/petitioners.

Shri NK Vyas, Advocate or the respondent No. 1.

f ORAL ORDER (Passed on 01.01.2014) By way of this petition, the petitioners ae assailing the legality r and propriety of order dated 03.03.2003 passed by the Indstrial u Court, Raipur, in ivil Appeal 417/IVIPIR Act/97 affirming the order dated 26.1 1.1997 passed by the Labour Court, Bilaspur, in case No.

138/MPIRAct/95 whereby the services of respondent No.

1 has been reinstated.

2.

Learned counsel appearing for the respondent No. 1 submits that in View of circular dated 5th March, 2008, issued by the State of Chhattisgarh, the respondent's name is unde consideration for r regularization, and therefore, While setting aside the orders impugned passed by the Labour Court as well as Industrial Court, the petitioners/State be directed to consider the case of respondent No.

for his regularization strictly in accordance with circular dated 5th March, 2008 within the specified time ii'ame. u 'l

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3.

Prayer is not opposed and is also otherwise reasonable. In View of above, the petition is allowed.

Orders impugned dated 03.03.2003 passed by the Industrial Court, Raipur as well as 26.1 1.1997 passed by the Labour Court, Bilaspur, are set aside. Instead, the petitioners/State is directed to decide the respondent's case for his regularization strict in terms of circular dated 5th ly March, 2008, Within a period of six months from the date of receipt of a copy of this order.

Till then, the respondent be allowed to reain in service. No order asto costs. m s wN. K.

garwa'

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