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2024 Supreme(MP) 446

ANAND PATHAK
Krishi Upaj Mandi Samiti Pichhore – Appellant
Versus
Mukesh Kumar Bhatt – Respondent


Advocates:
S.P. Jain for petitioner; Subodh Pradhan for respondent.

ORDER

1. The present petition under Article 227 of the Constitution is preferred by the petitioner being crestfallen by the award dated 24.3.2018 (pronounced on 2.5.2018) passed by the Labour Court No.2, Gwalior in case No.02/A/I.D. Act/2015 (Reference) whereby the respondent has been directed to be reinstated with 50% back wages.

2. Precisely stated facts of the case are that petitioners and respondent were having workman employer relationship and the respondent was appointed as daily rated Nakedar on Collector rate in the establishment of petitioner No.1 Samiti. The dates and events having material bearing over the case and necessary for disposal of the case are as under:

S. No.

Date

Event

1

1.10.92

Respondent was appointed in the establishment of petitioner No. 1 - Krishi Upaj Mandi Samiti, Pichhore District Shivpuri as daily rated Nakendar on Collector Rate.

2

13.11.94

Respondent/employee was orally removed from the services by petitioner No. 1 as there was no necessity of his services.

3

2009

Respondent started conciliation proceedings before the Assistant Labour Commissioner, Gwalior but it fail

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