SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2024 Supreme(Online)(MP) 54076

HIGH COURT OF MADHYA PRADESH
Arvind Kumar Soni – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Sanjay Kumar Verma,Advocate General

ORDER

1. With consent, heard finally. 2. Petitioner, who was appointed as daily rated employee in the year 1996 was terminated w.e.f. 02.08.1999. Admittedly, said termination order could not sustain judicial scrutiny and the Labour Court by award dated 29.07.2013 (Annexure P/11) set aside the termination and directed reinstatement of the petitioner without back wages. The said order was unsuccessfully challenged by the employer which came to be dismissed on 15.07.2015 (Annexure P/2). In obedience thereof, the petitioner was reinstated by order dated 16.12.2020. In furtherance thereof, the petitioner joined on 17.12.2020. 3. Learned counsel for the petitioner submits that once the petitioner is 'reinstated', it is immaterial whether the petitioner has worked or not between 02.08.1999 (the date of termination) till 17.12.2020 (date of reinstatement). 4. Shri Kunal Thakre, learned counsel appearing for the Corporation has taken a diametrically opposite stand that petitioner was not in employment between 02.08.1999 till his reinstatement on 17.12.2020. Thus, his services cannot be treated to be continued and therefore, he is not entitled for regularisation.

5. Partie


    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top