Secretary the State of Madhya Pradesh Vs. Shri Radheshyam - Court Judgment

SooperKanoon Citationsooperkanoon.com/1042378
CourtMadhya Pradesh High Court
Decided OnJul-04-2012
AppellantSecretary the State of Madhya Pradesh
RespondentShri Radheshyam
Excerpt:
w.p.no.1966/2010 4.7.2012 shri ved prakash tiwari, learned panel lawyer for the petitioner- state. shri parag tiwari, learned counsel for the respondent-workman. heard on i.a.no.10772/2011 an application filed by the respondent - workman for dismissal of the case in view of an order dated 8.3.2010 passed by the division bench of this court in w.p.no.1843/2010. having gone through the material available on record and on consideration of the facts and circumstances of the case it is seen that three employees namely one shri laxmi narayan, manohar and radheshyam i.e.the present respondent were working in the establishment of narmada valley development authority and their services were terminated. inter alia contending that termination is illegal and the same amounts to retrenchment and as the precondition stipulated under section 25(f) of industrial disputes act, has not been complied with, the same be declared as illegal. in all the three cases, reference was made to the labour court and on 18.5.2009 three awards were passed in the case of each of the workmen which was published and declared on 18.6.2009. challenging th award so far as present respondent is concerned, this writ petition has been filed by the state. in the case of similarly situated employee also similar order was passed on 18.5.2009 and the said award was challenged by the petitioner herein in w.p.no.1843/2010 and a division bench of this court on 8.3.2010 after taking note of similar contentions raised with regard to challenge to award passed has dismissed the writ petition. as the grounds raised by the petitioner in this writ petition and challenge to similar award has already been rejected by a division bench of this court, there is no reason for taking a different view not in the present writ petition. in view of the above, i.a.no.10772/2011 is allowed for the grounds already indicated by the division bench of this court on 8.3.2010 in w.p.no.1843/2010. accordingly, finding no case for interference into the award passed, the writ petition is also dismissed. (rajendra menon) judge mrs.mishra
Judgment:

W.P.No.1966/2010 4.7.2012 Shri Ved Prakash Tiwari, learned Panel Lawyer for the petitioner- State.

Shri Parag Tiwari, learned counsel for the respondent-workman.

Heard on I.A.No.10772/2011 an application filed by the respondent - workman for dismissal of the case in view of an order dated 8.3.2010 passed by the Division Bench of this Court in W.P.No.1843/2010.

Having gone through the material available on record and on consideration of the facts and circumstances of the case it is seen that three employees namely one Shri Laxmi Narayan, Manohar and Radheshyam i.e.the present respondent were working in the establishment of Narmada Valley Development Authority and their services were terminated.

Inter alia contending that termination is illegal and the same amounts to retrenchment and as the precondition stipulated under Section 25(f) of Industrial Disputes Act, has not been complied with, the same be declared as illegal.

In all the three cases, reference was made to the Labour Court and on 18.5.2009 three awards were passed in the case of each of the workmen which was published and declared on 18.6.2009.

Challenging th award so far as present respondent is concerned, this writ petition has been filed by the State.

In the case of similarly situated employee also similar order was passed on 18.5.2009 and the said award was challenged by the petitioner herein in W.P.No.1843/2010 and a Division Bench of this Court on 8.3.2010 after taking note of similar contentions raised with regard to challenge to award passed has dismissed the writ petition.

As the grounds raised by the petitioner in this writ petition and challenge to similar award has already been rejected by a Division Bench of this Court, there is no reason for taking a different view not in the present writ petition.

In view of the above, I.A.No.10772/2011 is allowed for the grounds already indicated by the Division Bench of this Court on 8.3.2010 in W.P.No.1843/2010.

Accordingly, finding no case for interference into the award passed, the writ petition is also dismissed.

(RAJENDRA MENON) JUDGE MRS.mishra