Madhya Pradesh High Court
Babulal Gupta vs The State Of Madhya Pradesh on 26 June, 2014
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W.A.No. 501 of 2014
26.06.2014
Shri Sanjay Singh, Counsel for the appeal.
Shri S.M. Lal, Panel Lawyer for the respondents.
This is an appeal filed by the appellant under Section 2(1) of the Madhya Pradesh Uchcha Nayalaya [Khand Naypeeth Ko Appeal] Adhiniyam,2005 calling in question the tenability of the directions issued by the learned writ court on 7.5.2014 in W.P. No. 6227/14.
Learned counsel for the appellant argued that the learned writ court directed to consider the case of the petitioner for regularisation in accordance with law laid down in the case of Secretary, State of Karnataka and others vs. Umadevi and others [(2006)4 SCC 1] but did not dwell to consider the facts of the case with regard to the classification of the petitioner already granted by the learned Labour Court in a proceeding held under M.P.I.R. Act and consequential effect of the same. It is said that under similar circumstances a Single Bench of this Court in the case W.P. No.12150/2009(S) Uma Shankar Tiwari vs. State of M.P. has granted certain benefit which is not extended to the petitioner. It is emphasised that even though the petitioner had brought this fact to the notice of the learned writ Court and in the writ petition but specific ..... 2 W.A.No. 501 of 2014 26.06.2014 averments to that effect have been made, consequential consideration in the light of the classification order passed by the learned Labour Court has not been directed.
Shri Lal tried to emphasis that once the claim is to be considered in the light of the law laid down in the case of Uma Devi (supra), no further indulgence is needed.
We are of the considered view that once certain orders are passed by the learned Labour Court in the matter of classification of the employee under M.P.I.R. Act, and the petitioner is already regularised then the order passed in the case of Uma Devi will not be relevant instead, the department is required to take note of the order passed by the learned labour Court, the classification and grant the other consequential benefit. This having not been done, we modify the order passed by the learned writ court passed on 7.5.2014 in W.P. No.6227/14 by further directing that the benefit accruing to the petitioner by virtue of the order passed by a learned Single Bench of this Court on 23.4.2003 in W.P. No. 12150/09(s) shall be taken note of and after considering the classification already ..... 3 W.A.No. 501 of 2014 26.06.2014 granted, the department shall take a decision with regard to grant of consequential benefit to the petitioner as he has already been regularised in service and after considering the principle laid down in W.P. No.12150/09(S), a decision be taken within a period of two months.
With the aforesaid this appeal is allowed and disposed of.
C.C.as per rules.
(Rajendra Menon) [Sushil Kumar Gupta]
vj JUDGE JUDGE
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W.A.No. 501 of 2014
26.06.2014