State Of Chhattisgarh v. Sanat Kumar And Another

NAFR HIGH COURT of CHHATTISGARH, BILASPUR Writ Petition (L) No.2349 of 2009 State of Chhattisgarh through Divisional Forest Officer, General Forest Division, Kawardha, Kawardha (CG).

----Petitioner

Versus

1. Sanat Kumar S/o Ramavtar Mishra, Ward No.5, Ganganagar, Kawardha, District Kabirdham (CG).

2. The Labour Court, Rajnandgaon (CG).

---- Respondents For Petitioner :

Shri SP Kale, Dy. Advocate General.

For Respondent No.1 :

Shri Basant Dewangan, Advocate.

SB: Hon'ble Shri Justice P. Sam Koshy Order On Board 10.01.2018

1. The challenge in the present writ petition is to the award dated 08.04.2008 passed in case No. 4/ID/2007 (Ref.) whereby the Labour Court in a case of discontinuance of service of a daily wage worker had ordered for reinstatement without back wages.

2. A perusal of records would show that the petitioner has reinstated the respondent No.1 in service in compliance of provisions of Section 17B of the Industrial Disputes Act and since then the respondent No.1workman is in employment. It is submitted by the counsel for the respondent No.1 that in due course of time, the respondent No.1workman has also been regularized in service.

3. Given the fact that the respondent No.1 has been reinstated and in due course of time has also been regularized in service and he has also put in about 8-10 years of service thereafter, this court is of the

opinion that no fruitful purpose would be served at this juncture in going into the veracity of the order passed by the Labour Court and also into the merits of the case as far as the entitlement of respondent No.1 is concerned.

4. The writ petition thus stands dismissed.

Sd/- (P.Sam Koshy) Judge inder