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2006 Supreme(SC) 181

S.B.SINHA, P.K.BALASUBRAMANYAN
State Of M. P. – Appellant
Versus
Arjunlal Rajak – Respondent


Judgment

S.B. Sinha, J.—Leave granted.

2. The respondent was appointed as a Chowkidar by the appellants. Admittedly, no offer of appointment was issued to him nor the recruitment rules applicable for filling up of a permanent or temporary post have been followed. The appellants contend that the respondent was engaged in the production division of Forest Department of District Guna, which has since been wound up. His services were thereafter terminated. Contending, inter alia, that he had worked in different departments of the State from August, 1984 to July 8, 1992, his services were terminated without complying with the requirements of Section 25F of the Industrial Disputes Act, 1947, a complaint petition was filed by the respondent before the Presiding Officer, Labour Court No. 3, Gwalior. By reason of an award dated 12.7.1999 on a finding that the Respondent had worked for more than 240 days in a calendar year and having regard to the fact that no retrenchment compensation was paid, he was directed to be reinstated in service with full back wages.

3. The Labour Court does not appear to have taken into consideration the pleas raised by the appellant herein that the production divisi
















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