Madhya Pradesh High Court
The State Of Madhya Pradesh vs Inder Singh Parmar on 28 June, 2019
THE HIGH COURT OF MADHYA PRADESH
Writ Appeal No.1647/2018
(State of Madhya Pradesh and others Vs. Inder Singh Parmar and others)
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Jabalpur, Dated : 28-06-2019
Shri Himanshu Mishra, learned Government Advocate
for the appellants/State.
Shri Akash Choudhary, learned counsel for the
respondents.
Heard on the question of admission.
This writ appeal has been filed by the appellant/State under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, being aggrieved by order dated 11.8.2018 passed by the learned Single Judge in W.P. No.11677/2007, directing the State to treat the respondents as permanently classified employees as per the orders of the Labour Court and to pay them the pay-scale as applicable to the regular employees working on that post.
The learned Government Advocate for the appellant State submits that the issue regarding the pay-scale of the post in respect of employees who have been classified by the Labour Court has been finally determined and decided by the Supreme Court in the case of Ram Naresh Rawat vs. Ashiwini Ray & Others (2017) 3 SCC 436, wherein it has been held that employees classified on account of the orders passed by the Labour Court are only entitled to minimum of the scale on the post on which they are working and not entitled to the regular pay-scale and other benefits.
The aforesaid legal position as laid down by the Supreme Court in the case of Ram Naresh Rawat (supra) is not disputed by the learned counsel for the respondents.
THE HIGH COURT OF MADHYA PRADESH Writ Appeal No.1647/2018 (State of Madhya Pradesh and others Vs. Inder Singh Parmar and others)
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In the circumstances, while the order passed by the learned Single Judge regarding classification of the respondents by the Labour Court by various orders which went unchallenged and were ultimately upheld by the Court, is upheld, the directions issued by the learned Single Judge regarding payment of salary in the regular scale, is set aside in view of the law laid down by the Supreme Court in the case of Ram Naresh Rawat (supra) and in part modification of the order passed by the Single Judge, it is ordered that the respondents would be entitled only to the minimum of the scale of the post on which they are working after classification in terms of the law laid down by the Supreme Court in the case of Ram Naresh Rawat (supra).
In view of the aforesaid, the writ appeal filed by the appellant/State is partly allowed.
Certified copy as per rules.
(R. S. JHA) (VIJAY KUMAR SHUKLA)
ACTING CHIEF JUSTICE JUDGE
msp.
Digitally signed by
MANVENDRA SINGH
PARIHAR
Date: 2019.07.04
11:52:52 +05'30'