High CourtsDivision Bench(2011) 09 MP CK 0003

Board of Secondary Education vs Rajesh Nema and Another

Madhya Pradesh High Court · Decided on 28 September 2011 · Citation: (2011) 131 FLR 573 : (2012) LLR 1280

HON’BLE JUDGES
Tarun Kumar Kaushal, J · Sanjay Yadav, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 5186 of 2004,

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Judgment

5 paragraphs · 184 words

T.K. Kaushal and Sanjay Yadav, J.—Shri Naman Nagrath, learned Counsel for the petitioner. Shri Anup Shrivastava, learned Counsel for the respondent.

2.

Challenge put forth in this petition is to an award dated 26.5.2004; whereby. Labour Court No. 1, Bhopal, has directed reinstatement of respondent/ employee without any back-wages.

3.

The order of reinstatement is on the finding that, the respondent/workman has though rendered his services for a period of 240 calendar days preceding his termination and no retrenchment compensation has been paid to him. Accordingly, the termination has been held to be illegal. The petitioner questions the award on the ground that the petitioner is not an industry and the respondent No. 1 cannot be held to be a workman.

4.

The issue in the considered opinion of this Court has been settled at rest by a decision in Bangalore Water Supply and Sewerage Board Vs. A. Rajappa and Others,

5.

Furthermore, a similar petition W.P. No. 5187/04, has been dismissed by this Court on 9.10.2006. For the reasons above, no interference is caused. In the result, petition fails and is hereby dismissed.