Madhya Pradesh High Court
Sports And Youth Welfare Department vs Anuruddha Yadav on 30 March, 2017
WP-14451-2016
(SPORTS AND YOUTH WELFARE DEPARTMENT Vs ANURUDDHA YADAV)
30-03-2017
Shri Dinvesh Jain, learned Government Advocate for the
petitioner-State.
Shri Navneet Dubey, learned counsel for the respondent.
Heard on IA No.3924/17, an application for urgent hearing on the question of admission as well as on interim relief.
Application is allowed.
Also heard on IA No.11665/2016, an application for stay. The instant writ petition has been filed by the petitioner against the order dated 30.9.2014 passed by the Labour Court, Sagar wherein the petitioner is directed to pay a sum of Rs.3 lacs along with 50% back-wages to the respondent.
Learned counsel for the petitioner has submitted that the Labour Court has erred in not considering the fact that the burden of proof that the employee was not gainfully employed during the period in which he was out of service lies on the employee himself and which burden has not been discharged.
On the other hand, learned counsel for the respondent has submitted that the matter may be heard finally at the earliest.
In the facts and circumstances of the case, IA No.11665/2016 is allowed. It is directed that the operation of the impugned order dated 30.9.2014 passed by the Labour Court, Sagar shall remain stayed till next date of hearing.
List the case for final hearing at motion stage in the week commencing 1.5.2017.
(SUBODH ABHYANKAR) JUDGE Ansari