Chandrashekhar Shrivas v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 663 of 2018 • Chandrashekhar Shrivas S/o Rakhiram Shrivas Aged About 42 Years R/o Village- Mudhpar, Post Khisoura, Via And Police Station Nawagarh, Disrtrict- Janjgir-Champa, Chhattisgarh.....(Respondent), District : Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through- Secretary, Water Resources Department, Mahanadi Bhawan, Naya Raipur, Disrict- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh • Executive Engineer Hasdeo Nahar Jal Prabandh Sambhag, Janjgir, District- Janjgir-Champa, Chhattisgarh......(Petitioners), District : Janjgir-Champa, Chhattisgarh ---- Respondents For Appellant : Shri C.J.K.Rao, Advocate For Respondent/State : Shri Gary Mukhopadhyay, G.A.

Hon'ble Shri Justice Pritinker Diwaker Hon'ble Smt. Justice Rajani Dubey Order on Board by Pritinker Diwaker, J.

05/09/2018 Since after verification of the record of the Tribunal it is accepted position that there is no finding given by the Labour Court with regard to the fact that the workman had worked for 240 days in the last calendar year prior to the period of termination/retrenchment, therefore, the remand of the matter to the Labour Court for recording specific finding on this aspect of the matter which will also have a bearing on the principle of 'last come first go' cannot be said to be erroneous in manner. It is made clear that when the status of workmen with regard to them

having worked for 240 days in the previous calendar year established, the question of application of principle of 'last come first go' will arise. In view of the same, this appeal is dismissed. The order dated 06.04.2018 passed by the learned Single Judge remanding the matter to the Labour Court to record a finding of working for 240 days stands.

Sd/- Sd/- (Pritinker Diwaker) (Rajani Dubey) Judge Judge suguna