Madhya Pradesh High Court
Kashi Prasad Yadav vs The State Of Madhya Pradesh on 13 January, 2022
Author: Vishal Mishra
Bench: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 13 th OF JANUARY, 2022
WRIT PETITION No. 112 of 2018
BETWEEN:-
1. KASHI PRASAD YADAV S/O SHRI CHUNKA
PRASAD YADAV, AGED ABOUT 45 YEARS,
OCCUPATION: MATE CONTINGENCY IN THE
OFFICE OF SDO BHAWAN BHANDAR, SUB-
DIVISION BAN SAGAR, REWA, R/O BAN SAGAR
CHIRHULA COLONY, HOUSE NO. G-4, TEHSIL
HUZUR, DISTRICT REWA (MADHYA PRADESH)
2. KAMLESH PRASAD MISHRA S/O RAMBHUWAN
MISHRA, AGED ABOUT 48 YEARS, OCCUPATION:
MATE CONTINGENCY IN THE OFFICE OF SDO
BHAWAN QUANTI NAHAR SUB DIVISION NO. 3
MANGAWAN, REWA MORAI PURANI BASTI
WARD NO. 9, AMANTPUR TEHSIL HUZUR
(MADHYA PRADESH)
3. MAHESH PRASAD SONDHIYA S/O GANESH
PRASAD SONDHIYA, AGED ABOUT 44 YEARS,
OCCUPATION: SERVING AS GARDENER IN THE
OFFICE OF SDO BHAWAN BHANDAR, SUB
DIVISION BAN SAGAR, REWA, R/O BAN SAGAR
COLONY SAMAN NO. H-167, TEHSIL HUZUR,
DISTRICT REWA (MADHYA PRADESH)
4. SMT. SHYAMWATI SAKET W/O RAMDHEEN
SAKET, AGED ABOUT 40 YEARS, OCCUPATION:
SERVING AS GARDENER IN THE OFFICE OF SDO
BAN SAGAR SUB DIVISIONAL NO. 3, UPPER
PURVA NAHAR DIVISION REWA, R/O WARD NO.
25 BEHIND POST OFFICE, BANSAGAR COLONY,
SAMAN TEHSIL HUZUR DISTRICT
REWA(MADHYA PRADESH)
.....PETITIONERS
(BY SHRI K.B.VISHWAKARMA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THR. ITS
Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 12/13/2022
10:15:21 AM
2
PRINCIPAL SECRETARY DEPTT. OF WATER
RESOURCE MANTRALAYA VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. ENGINEER IN CHIEF AMARKANTAK BHAWAN
AMARKANTAK BHAWAN BHOPAL (MADHYA
PRADESH)
3. CHIEF ENGINEER BAN SAGAR GANGA KACHHAR
REWA DISTRICT REWA (MADHYA PRADESH)
4. SUPERINTENDENT OF ENGINEER BAN SAGAR
NAHAR DIVISION, REWA DISTRICT REWA
(MADHYA PRADESH)
5. THE EXECUTIVE ENGINEER, BAN SAGAR NAHAR
DIVISION, REWA DISTRICT REWA (MADHYA
PRADESH)
6. THE SUB-DIVISIONAL OFFICER SUB DIVISION NO.
4, UPPER PURVA NAHA DIVISION, REWA
DISTRICT REWA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI REJI MATHAI - PANEL LAWYER)
This petition coming on for admission this day, th e court passed the
following:
ORDER
The present petition has been filed seeking the following reliefs:-
"A. It is, therefore, prayed that this Hon'ble Court may kindly be pleased to direct the respondents to salary increments, arrears and other consequential benefits since 1988 to the petitioners along with interest issuing an appropriate writ order or directions.
B. It is, therefore, prayed that this Hon'ble Court may kindly be pleased to direct the respondents to decide the representation of the petitioners.Signature Not Verified Signed by: SHALINI LANDGE Signing time: 12/13/2022 10:15:21 AM 3
C. Any other relief as deemed fit and proper in the circumstances of this case, along with the cost of this writ petition be also awarded."
It is submitted that the petitioners are working in the respondent department on their respective posts. They filed an application under Section 31 (3) 61 and 62 of M.P. Industrial Relations Act, 1960 before the Labour Court, Rewa (M.P.). The application was allowed by the Labour Court, Rewa (M.P.) vide its award dated 18.12.2001 the petitioners were directed to be permanently classified as skilled labour. The aforesaid award was put to challenge before the Industrial Court by the State Government it was dismissed. Again a writ petition was filed before this Court being W.P.No.9829/2006, the same was also dismissed with the direction to calculate the pay and all arrears of the salary of the petitioners and extend the benefit within a period of two months. Petitioners thereafter continued without any break in service and without any stigma. They submitted various representations to the various authorities and also served the legal notice to the respondents on 22.10.2014 and till date no salary, increments and other consequential service benefits were provided to the petitioners. It is their case that similarly situated employees have been extended the benefits in the year 2014 a writ petition was preferred being W.P.No.20282/2014 which was dismissed as withdrawn on 13.04.2017 and thereafter, the present petition has been filed. The prayer made in the petition to direct the respondents to pay salaries, increments, arrears and other consequential reliefs which this Court deems it fit.
Per contra, counsel appearing for the State has vehemently opposed the contentions and stated that the petitioner no.1 has approached the Labour Court Signature Not Verified Signed by: SHALINI LANDGE Signing time: 12/13/2022 10:15:21 AM 4 and the award was passed in favour of the petitioner no.1 only. There is no document on record to show that petitioners no.2,3 and 4 have approached the Labour Court at any point of time. In absence of any document to show that similar claim was made by the petitioners no.2,3 and 4 before the Labour Court, no relief can be extended to them. As far as relief which has been claimed in the petition is concerned, the law with respect to a classified employee is settled by the Hon'ble Supreme Court by giving a clarification in the case of Ram Naresh Rawat Vs. Ashwani Naik & others reported in (2016) 8 SCC 733 wherein the Hon'ble Supreme Court has clarified the aspect that a classified employee is entitled to minimum of pay scale without any increments. The award passed by the Labour Court with respect to petitioner no.1. It is clear that he has been directed to be classified as a skilled labour. The aforesaid order attained finality upto this Hon'ble Court therefore, he is entitled to be extended the benefit of a classified employee. As per the Hon'ble Supreme Court judgment he is not entitled to any benefit of regular pay scale. Under these circumstances, apart from the benefits of classified employee no other benefits can be extended to petitioner no.1 as far as other petitioners are concerned, as there is no award of the Labour Court, no benefit of a classified employee can be extended to them in absence of any order or award in their favour. He has prayed for disposing of the petition.
Heard the learned counsel for the parties and perused the record. On perusal of the record, it is not disputed that the award passed by the Labour Court is with respect to petitioner no.1 and remaining petitioners have not approached the Labour Court, as there is no documents on record to demonstrate the same. The order passed by the Labour Court has attained finality upto this Hon'ble Court. The Labour Court has observed that the Signature Not Verified Signed by: SHALINI LANDGE Signing time: 12/13/2022 10:15:21 AM 5 petitioner no.1 is entitled to be permanently classified as a skilled labour.
In view of the clarification given by the Hon'ble Supreme Court in the case of Ram Naresh Rawat (supra), with respect to entitlement of a classified employee. Petitioner no.1 can be extended the benefit of the classified employee i.e. minimum of pay scale without any increments. The authorities are directed to extend the benefit of a classified employee in terms of Ram Naresh Rawat (supra) to the petitioner no.1 expeditiously. As far as the remaining petitioners are concerned, as there is no order of award of classification or any other documents to show that they are being classified, no benefit can be extended to them in the present petition. They are free to approach the concerning Labour Court for redressal of their grievances.
With the aforesaid observations, the petition is disposed off. No order as to costs.
(VISHAL MISHRA) JUDGE Sha Signature Not Verified Signed by: SHALINI LANDGE Signing time: 12/13/2022 10:15:21 AM