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2001 Supreme(MP) 522

S.P.SRIVASTAVA, N.G.KARAMBELKAR
Chhaya Bhopatkar – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
A.K.UPADHYA, K.B.Chaturvedi,

Judgment

( 1. ) HEARD the learned counsel for the appellant as well as the learned Govt. Advocate representing the contesting respondents.

( 2. ) PERUSED the record.

( 3. ) THIS Letters Patent Appeal is directed against an order passed by the learned Single Judge of this Court whereunder while quashing the order passed by the Labour Court affirmed by the Industrial Court, the case has been remanded back to the Labour Court for adjudication as to whether the appellant-workman had worked satisfactorily for a period of six months against a clear vacancy with a direction that for the purpose of a clear vacancy the Labour Court was to examine the recruitment rules and consider whether posts are available providing further that if the posts are not available then also the question regarding the post on which the appellant could be declared as permanent be considered.

( 4. ) THE facts in brief, shorn of details, and necessary for disposal of this appeal lie in a narrow compass : The appellant-workman claimed that she had been working on the post of a Reference Clerk in the Lok Swasthya Yantrikiya Vibhag, Khand Shivpuri on daily wage basis since 13-8-1985 but she had not been classified as a p























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