Madhya Pradesh High Court
Harish Chandra Mishra vs The State Of Madhya Pradesh on 30 October, 2017
1
W.P. No.6752/2017
30/10/2017
Shri D.K. Katare, learned counsel for the petitioner.
Shri Abhishek Mishra, learned Government Advocate for the
respondents/State.
Heard on admission as well as on interim relief. The present petition under Article 226 of the Constitution of India has been preferred by the petitioner being crestfallen by the order dated 21/08/2017 (Annexure P/1) passed by the Labour Commissioner, Indore M.P. whereby work distribution has been made in a way that respondent No.3 who is working as Assistant Labour Commissioner, Gwalior Division has been given additional charge of Labour Officer of District-Sheopur and Malanpur-Bhind contrary to the rules and regulations because petitioner who is working as Assistant Labour Commissioner, Chambal Division Morena is entitled to get the additional charge of Labour Officer of District-Sheopur and Malanpur- Bhind. In support of his submission, learned counsel referred the gazette notification dated 26th September, 2013 (Annexure P/2) of the work distribution as well as order dated 15/09/2015 (Annexure P/4) passed by the Labour Department, Government of M.P. and order dated 09/01/2012 (Annexure P/5) issued by the Labour Commissioner, Indore M.P. and submits that respondent No.3 who is working as Assistant Labour Commissioner, Chambal Division cannot be allowed to perform additional charge of Labour Officer of District- Sheopur and Malanpur-Bhind. Respondent No.3 is junior to the petitioner and thus virtually placed the petitioner subordinate to respondent No.3 in Chambal Division while working as Assistant Labour Commissioner.
Issue notice to the respondents on payment of process fee through Ordinary as well as Registered A.D. mode within three working days, failing which this writ petition shall stand dismissed without further reference to the Court. Notice be made returnable within four weeks.
Meanwhile, effect and operation of the impugned order dated 21/08/2017 (Annexure P/1) passed by the Labour Commissioner, 2 W.P. No.6752/2017 M.P. shall remain stayed till next date of hearing. In the meantime, respondent No.3 shall not be allowed to perform additional work of Labour Officer, District-Sheopur and Malanpur-Bhind.
List immediately after four weeks.
Certified copy as per rules.
(Anand Pathak) Judge vc