Budharu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2784 of 2020

1. Budharu S/o Manrakhan Lodhi Aged About 57 Years Working As Sub Minor Khairagarh Sub Division Khairagarh, Water Resources Department Division Chhuikhadan, District- Rajnandgaon Chhattisgarh R/o Village Birutola P.O. And Tahsil Chhuikhadan, District- Rajnandgaon Chhattisgarh

2. Raghunath S/o Pancham Gond Aged About 58 Years Working As Labour At Present Posted At Sub Minor Khairagarh Sub Division Khairagarh, Water Resources Department Division Chhuikhadan, District- Rajnandgaon Chhattisgarh R/o Village Birutola P.O. And Tahsil Chhuikhadan, District- Rajnandgaon Chhattisgarh

3. Tiharu S/o Manrakhan Lodhi Aged About 52 Years Working As Labour At Present Posted At Sub Minor Khairagarh Sub Division Khairagarh, Water Resources Department Division Chhuikhadan, DistrictRajnandgaon Chhattisgarh R/o Village Birutola P.O. And Tahsil Chhuikhadan, District- Rajnandgaon Chhattisgarh

4. Sarju Ram S/o Samaru Marar Aged About 52 Years Working As Labour At Present Posted At Sub Minor Khairagarh Sub Division Khairagarh, Water Resources Department Division Chhuikhadan, District- Rajnandgaon Chhattisgarh R/o Village Hatbanja P.O. And Tahsil Chhuikhadan, District- Rajnandgaon Chhattisgarh

5. Panchram Alias Panchu S/o Darbari Sahu Aged About 58 Years Working As Labour At Present Posted At Sub Minor Khairagarh Sub Division Khairagarh, Water Resources Department Division Chhuikhadan, District- Rajnandgaon Chhattisgarh R/o Village Kanimera P.O. Khudmudi, Tahsil Chhuikhadan, District- Rajnandgaon Chhattisgar ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Water Resources, Mahanadi Bhawan, Mantralaya, Atal Nagar Raipur Chhattisgarh

2. Executive Engineer Department Of Water Resources Divisiona Chuikhadan, District-Rajnandgaon Chhattisgarh ---- Respondents For Petitioner :

Mr. F.S. Khare, Advocate For State :

Mr. Amrito Das, Addl. A.G.

Hon'ble Shri Justice Goutam Bhaduri Order

16.07.2020

1. Learned counsel for the petitioner submits that the Division Bench of this Court in the case of Tukaram Vs. State of Chhattisgarh (WPC No.1703 of 2015 and batch of petitions) has decided the issue raised in this petition that for the purpose of considering cases for regularization under circular dated 5/3/2008 of the State Govt., an employee shall be deemed to continue in service from initial date of appointment where his termination order has been set aside and he has been reinstated by an award of the Labour Court.

2. Learned counsel for the State submits that the legal position is settled but the matter would require consideration on verification of facts.

3. The petitioner was initially appointed in the year 1982 as daily wage employee. He was later on terminated from service in the year 2004. The order of termination was challenged before the Labour Court and an award was passed on 28.04.2008 by which the petitioner was reinstated on 17.11.2008. In view of the decision of the Division Bench in the case of Tukaram (supra), it is settled that the effect of reinstatement would be continuity in service, therefore, the petitioner's case ought to be considered for regularization treating him to be a daily wage employee working continuously from 1982.

4. Therefore, under these circumstances, the petitioner's case for regularization would be considered in view of that existing circular dated 05.03.200 and after verification of the record an appropriate decision be taken within a period of six months from the date of receipt of copy of this order.

5. The writ petition is accordingly disposed off. Sd/- (Goutam Bhaduri) Judge Vishakha