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2021 Supreme(SC) 551

AJAY RASTOGI, ABHAY S. OKA
STATE OF MADHYA PRADESH – Appellant
Versus
SOMDUTT SHARMA – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Mukul Singh, Dy.AG Mr. Upendra Mishra, Adv. Mr. Sunny Choudhary, AOR
For the Respondent(s): Mr. Prashant Shukla, Adv. Anushree Shukla, Adv. Ms. Pratibha Yadav, Adv. Mr. Kavinesh RM., Adv. Mr. Divyesh Pratap Singh, AOR

JUDGMENT :

ABHAY S. OKA, J.

1. Leave granted.

2. The first appellant-State of Madhya Pradesh and three others have taken an exception to the Judgment and Order dated 11th December 2019 passed by a Division Bench of High Court of Madhya Pradesh in a writ appeal preferred by the present appellants. The writ appeal was directed against the Judgment and Order dated 25th June 2018 passed by the learned Single Judge on a Writ Petition filed by the present appellants. In the Writ Petition, the challenge was to the award made by the Labour Court at Gwalior by which appellants were directed to reinstate the respondent in Rajghat Canal Project of the Irrigation Department of the first appellant. However, the Labour Court declined to grant back wages. The said Order has been confirmed in the Writ Petition filed by the present appellants and by the impugned Judgment and Order dated 11th December 2019, the Division Bench confirmed the decision of the learned Single Judge in the Writ Petition.

FACTUAL CONTROVERSY

3. The respondent was initially appointed as a daily wage employee on the post of Helper in the Irrigation Department of the first appellant. His employment was terminated on 1st Decembe

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