The main legal point established in the judgment is that the termination of services was illegal and unjustified, and the principles of 'last come, first go' were not followed. The court also emphasized the non-compliance of mandatory provisions of the Industrial Disputes Act and considered the appellants' continuous employment for about 8-10 years.

JUDGMENT :

GAUTAM CHOURDIYA, J.

1. Challenge in this writ appeal is to the legality, validity and correctness of the order dated 20.09.2021 passed by the learned Single Judge in Writ Petition (L) No. 172 of 2017 partly allowing the writ petition filed by the State/petitioners whereby the learned Single Judge modified the Award dated 05.05.2017 (pronounced on 06.06.2017) passed in Case No. 9/ID Act/Ref/2013 by the Labour Court under the Industrial Disputes Act (for short I.D. Act) Bilaspur, in which, the Labour Court has answered the reference in favour of the appellants/workers holding that the discontinuance of services of 10 workers/employees (07 workers herein in the present appeal as appellants) was unjustified and illegal and has thus ordered for reinstatement in services with 20% of back wages.

2. By order dated 20.09.2021, the learned Single Judge partly allowing the writ petition directed that the respondents/workers would be entitled for an amount of Rs. 50,000/- for each year of service that they have rendered with the State Government, i.e. for 5 years and for which they would be entitled for a total amount of Rs. 2,50,000/- each as compensation in lieu of reinstatement as full and final settlement of the claim.

3. By this writ appeal, the appellants/workers are seeking setting aside of the order dated 20.09.2021 passed by the learned Single Judge in W.P. (L) No. 172/2017 and affirming the award dated 05.05.2017 (pronounced on 06.06.2017) passed in Case No. 9/ID Act/Ref/2013 by the Labour Court under the Industrial Disputes Act.

4. For consideration of this writ appeal, the brief description of appellants/workers is as below:

5. Brief facts of the case for adjudication of this appeal are that 10 workers (07 workers/appellants herein in the present appeal) involved in the dispute claimed themselves to be working with the different Colleges in and around District Bilaspur. In the year 2003, the appellants herein participated in the recruitment process conducted by Guru Ghasidas University, Bilaspur for recruitment in the establishment Chhattisgarh Institute of Medical Sciences (for short ‘CIMS’) which was under its control and the appellants were appointed there as Lower Division Clerk. Since 2003 the appellants/workers continuously discharged their services at CIMS till 11.09.2008 when their services were discontinued by the State Government after taking over the control of CIMS on 01.12.2007.

6. Initially, a writ petition bearing No. W.P. (S) No. 1738 of 2009 was filed by the appellants/petitioners/workers before this Court in which order dated 12.04.2009 was passed disposing of the said petition with liberty to the petitioners to avail appropriate remedies available to them before appropriate forum. The appellants raised the dispute before the Labour Commissioner who made reference to the Labour Court for adjudication of the dispute. The Labour Court passed the award on 05.05.2017 in favour of the appellants directing for their reinstatement with 20% back wages, which was challenged by the respondents herein before this Court in the year 2017 itself by filing W.P. (L) No. 172 of 2017 and the same was partly allowed by the learned Single Judge vide order dated 20.09.2021.

7. Shri S.P. Kale, learned counsel appearing for the appellants, submitted that on 11.