State Of Chhattisgarh v. Jagmohan

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPL No. 180 of 2015

1. State Of Chhattisgarh Through The Secretary, Department Of Commercial Tax, Mahandi Bhawan, Mantralaya Naya Raipur, District Raipur Chhattsigarh (The Petitioner No. 1 Was Not A Party Before The Learned Labour Court But Has Been Impleaded As Petitioner No. 1 In The Instant Petition As The Proper Course Is To Implead The State Covernment Through The Secretary Of The Concerned Department)

2. Commissioner, Commercial Tax Department, Chhattisgarh, Raipur Chhattisgarh ---- Petitioners

Versus

Jagmohan S/o Dukhuram, aged about 48 years, R/o Village Seemabari, Tahsil Farsabahar, Post Office Farsabahar, Police Station Farsabahar, District Jashpur, Chhattisgarh --- Respondent For Petitioners / State :

Mr. R. N. Pusty, G.A.

For Respondent :

None.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 20/07/18 1.

This writ petition has been preferred by the petitioner against the award passed by the Labour Court on 18.07.2014 (Annexure - P/1). 2.

Learned counsel for the petitioner / State would submit that the award passed by the Labour Court is unsustainable and bad in law and is liable to be set aside.

3.

I have heard learned counsel for the petitioner and perused the records with utmost circumspection.

4.

The learned Labour Court, after full fledged trial recorded a finding that Section 25(F) of the Industrial Dispute Act, 1947 (for brevity, 'Act of 1947') has not been complied with and, therefore, directed the petitioners for

payment of retrenchment compensation to the extent of Rs. 8,000/- to the respondent / workmen which is neither perverse nor contrary to record. As such the award passed by the learned Labour Court is in accordance with law. I do not find any merit in the writ petition. 5.

Accordingly, the writ petition deserves to be and is hereby dismissed with no order as to cost(s).

SD/- (Sanjay K. Agrawal) Judge Priyanka