Shoeb Quazi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 45 of 2019 Shoeb Quazi S/o Shri G.A. Quazi Aged About 33 Years Working As Assistant Labour Commissioner, Near Collectorate Office, Kutcheri Chowk, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Principal Secretary, Department Of Labour Mahanadi Bhawan, Mantralaya, Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Labour Commissioner Department Of Labour, 2nd Floor, Indrawati Bhawan, Atal Nagar District Raipur, Chhattisgarh, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. Internal Complaint Committee Headed By Smt. Savita Mishra (Deputy Labour Commissioner), Office Of The Labour Commissioner, Indrawati Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

4. Smt. Savita Mishra Working As Deputy Labour Commissioner, Office Of The Labour Commissioner, Indrawati Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

5. Smt. Priya Namdev Accountant (Placement), Chuna Bhatti, Raman Mandir Ward No. 21 Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Anup Majumdar, Advocate For State :

Mr. Rahul Mishra, Dy. GA Hon'ble Shri Justice P. Sam Koshy Order on Board 19/03/2019

1. Present review petition has been filed seeking review of the order dated 30/01/2019 passed in WPS No. 544/2019. This Court while disposing off the said writ petition has made it clear that since there is

provision of appeal available under Section 18, the petitioner was directed to avail remedy of preferring an appeal. Thereafter, if need arises the petitioner may approach this Court.

2. Review petition has been filed by the petitioner solely on the ground that the Appellate Body has not been constituted by the State Government and if at all it has been constituted it is not functional. Therefore, by disposal of the writ petition the petitioner has been rendered remedy less. However, there does not seem any specific order of the State Government establishing the fact that the appellate body is either constituted or disfunctional.

3. Given the facts and grounds raised by the petitioner at this juncture this does not make out a ground for review of the order dated 30/01/2019. The petitioner, if at all is still aggrieved by the action of the respondents and there being no appellate body as contended by the petitioner, would be at liberty to question the action of the respondents by an appropriate fresh proceedings.

4. The review petition accordingly stands disposed off. Subject to the applicant furnishing a photocopy of the order dated 04/01/2019 which is a part of records of original writ petition and certified copy of the order shall be returned back to the petitioner. Sd/- (P. Sam Koshy) Judge Rohit