High Court Of ChhattisgarhWPS/1948/2021disposed off

Smt. Jaishree Vastrakar v. State Of Chhattisgarh

2021-06-08Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 1948 of 2021 Smt. Jaishree Vastrakar W/o Shri Ashwani Kumar Vastrakar, Aged About 36 Years, Daily Wages Employee At Kanan Pendari Zoological Garden, Bilaspur, District Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Forest Department, Naya Raipur, Raipur, Chhattisgarh

2. Divisional Forest Officer, Bilaspur Forest Division, District Bilaspur Chhattisgarh

3. Superintendent, Kanan Pendari Zoological Garden Bilaspur, District Bilaspur, Chhattisgarh

4. Range Officer, Kanan Pendari Zoological Garden Bilaspur, District Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Ashok Kumar Swarnkar, Advocate For State :

Mr. Jitendra Pali, Dy. Advocate General Hon'ble Shri Justice P. Sam Koshy Order On Board 08.06.2021

1. The relief sought by the petitioner in the present writ petition is for an appropriate direction to the respondents to regularize the services of the petitioner.

2. According to the petitioner, she has been working under the respondents in the forest department for quite sometime and had moved an application for regularization which was initially turned down. Subsequently, at the behest of an order of this Court in WPS No. 4153 of 2020 the petitioner preferred a representation which has again been

rejected on the ground that the petitioner has not completed more than 240 days in a calendar year required for regularization.

3. At the outset, this Court is of the opinion that the dispute is more of a labour dispute which needs to be adjudicated upon under the provisions of the Labour laws before the concerned Labour Court. The matter needs to be adjudicated before the Labour Court also for the reason that highly disputed question of facts are involved in the instance case which could need oral and documentary evidence to establish the claim of the petitioner.

4. Given the said circumstances of the case, the writ petition at this juncture stands disposed of granting liberty to the petitioner to raise her claim before the concerned Labour Court.

Sd/- P. Sam Koshy Judge Khatai