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High Court Of ChhattisgarhWP/1130/2005dismissed

Rajdev Pal v. Municipal Cororation,Bilaspur

2015-12-14Hon'Ble The Chief Justice1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition No. 1130 of 2005 Rajdev Pal son of Ramyesh Pal, aged about 50 years, Resident of Tulsi Awaas, 5/18, R.K.Nagar, Bilaspur, District Bilaspur Chattisgarh. ---- Petitioner

Versus

Municipal Corporation, Bilaspur, through its Commissioner, Municipal Corporation, Bilaspur, Chhattisgarh.

---- Respondent For Appellants :

Shri Vinod Deshmukh, Advocate.

For Respondent :

None.

Hon'ble Shri Navin Sinha, Chief Justice Order on Board 14/12/2015 1.

Heard Learned Counsel for the Petitioner.

2.

Learned Counsel for the Petitioner submits that the Labour Court erred in granting pay scale and allowances at par with regular workers from the date of regularization. The benefit of regular pay scale should have been granted from the date that the Petitioner attained the status of a permanent employee after having worked continuously for more than six months. 3.

Regularization is always prospective in nature. There can be no retrospective orders for regularization. If the Petitioner has accepted the award of the Labour Court granting regularization prospectively he cannot now urge that the benefit of regularization should be given retrospectively. The order of the Labour Court dated 27.11.2004 calls for no interference.

4.

The writ petition is dismissed.

Sd/- (Navin Sinha) CHIEF JUSTICE Amit