High Court Of ChhattisgarhWPS/2776/2020disposed off

Shivratan v. State Of Chhattisgarh

2020-07-16Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2776 of 2020 • Shivratan S/o Jagdish Sahu Aged About 55 Years Working As Labour At Present Posted At Canal Sub Division Khairagarh, Water Resources Department Division Chhuikhadan, District Rajnandgaon Chhattisgarh. R/o Village Kanimera Post Office Khudmudi, Tahsil Chhuikhadan, District Rajnandgaon Chhattisgarh ---- Petitioner

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, Division 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 2003. The order of termination was challenged before the Labour Court and an award was passed on 10.04.2008 by which the petitioner was reinstated on 22.11.2008. 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