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Mukesh Soni vs State Of Chhattisgarh And Ors

Chhattisgarh High Court · Decided on 21 August 2018 · Citation: (2018) 08 CHH CK 0208

HON’BLE JUDGES
P. Sam Koshy, J
RESULT
Allowed/Disposed Of
CASE NUMBER
Writ Petition (S) No. 5110 Of 2018
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Judgment

18 paragraphs · 348 words

P. Sam Koshy, J

1.

The relief sought for by the petitioner is for a direction to the respondents to consider his case for regularization.

2.

From the perusal of records it appears that the petitioner was initially engaged as daily wager in the year, 1994 and his services were retrenched in

January, 2000. The petitioner thereafter raised industrial dispute and the matter stood referred to the Labour Court. The Labour Court held the

retrenchment order of the petitioner to be bad in law vide order dated 30.11.2011 and there was an order of reinstatement without backwages.

Pursuant to the order of the Labour Court, the petitioner has been reinstated in service on 16.03.2012 and since then the petitioner is continuously

working with the respondents. Meanwhile, the respondents had issued a circular dated 05.03.2008 whereby they had decided to considerregularization

of all those persons who were engaged as daily wage employee between 01.12.1989 to 31.12.1997.

3.

The petitioner admittedly was appointed in the year, 1994. By virtue of the order of the Labour Court, the order of termination has been set aside

and the petitioner stood reinstated and for all practical purposes the intervening period has to be treated for the purpose of counting his length of

service.

4.

This court had disposed of catena of writ petitions directing the respondents to consider the case of the petitioners for grant of regularization in the

light of the judgment passed by the Division Bench of this Court in Writ Appeal No.1703 of 2015, Tukaram Vs. State of Chhattisgarh & Ors.

5.

Thus, considering the entire facts and circumstances of the case, let the respondent No.2 take a decision in respect of the petitioner for

regularization at the earliest keeping in view the circular dated 05.03.2008 and the order of the Labour Court reinstating the petitioner and also the

judgment of Division Bench of this Court in case of Tukaram (Supra).

6.

The writ petition accordingly stands allowed and disposed of. It is expected that the respondent No.2 shall take a decision within a period of 90 days

from today.