Chhattisgarh Infrastructure Development Corporation v. Khilawan Prasad Sahu

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPL No. 6262 of 2009

1. Chhattisgarh Infrastructure Development Corporation (Transport Section), Through Its Divisional Manager, Divisional Office- Raipur Chhattisgarh ---- Petitioner

Versus

1. Khilawan Prasad Sahu S/o Shri Dhanaram Sahu, R/o Village And P.O. Rohansi, Via-Palari, District Raipur Chhattisgarh.

2. M.P. Road Transport Corporation, Head Office- Habibganj, Bhopal, Through Its Managing Director

3. Industrial Court Of Chhattisgarh Raipur Chhattisgarh, Through Its Registrar,

4. The Presiding Officer, Labour Court, Raipur Chhattisgarh ---- Respondents For Petitioner Shri Ratan Pusty, Advocate Hon'ble Shri Prashant Kumar Mishra, J Order On Board 13/2/2020 1.

The petitioner/employer would call in question the order passed by the Labour Court, Raipur on 17-9-2017 (Annexure - P/4) by which the Labour Court directed that the workman, the respondent No.1 - Khilawan Prasad Sahu, be reinstated without backwages. Challenge is also to the appellate order passed by the Industrial Court on 8-4-2009 (Annexure - P/5) affirming the Labour Court's order.

2.

Indisputably, the petitioner has reinstated the workman during pendency of the writ petition and thereafter, the workman has

attained the age of superannuation. Even otherwise, the petitioner/employer has not led any evidence before the Industrial Court to prove the misconduct alleged against the workman.

3.

For all the above-stated reasons, the writ petition stands disposed of without interfering with the orders impugned. Sd/- Judge Gowri Prashant Kumar Mishra