IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA th ON THE 4 OF FEBRUARY, 2025 WRIT PETITION No. 29299 of 2022 NETAJI SUBHASH CHANDRA BOSE MEDICAL COLLEGE DAILY WAGER EMPLOYEE SANGH Versus NETAJI SUBHASH CHANDRA BOSE MEDICAL COLLEGE JABLAPUR Appearance:

Shri Harry Bamoriya - Advocate for petitioner.

Shri Uttam Maheshwari - Advocate for respondent.

WITH WRIT PETITION No. 10025 of 2022 NETAJI SUBHASH CHANDRA BOSE MEDICAL COLLEGE Versus NETAJI SUBHASH CHANDRA BOSE MEDICAL COLLEGE DAILY WAGER EMPLOYEES SANGH AND OTHERS Appearance:

Shri Uttam Maheshwari - Advocate for petitioner. Shri Harry Bamoriya - Advocate for respondents.

ORDER This common order shall govern disposal of aforesaid writ petitions, pertaining to identical question of law, and heard analogously.

2. The facts and question of law involved herein are similar, however, in order to effectively address the issue involved herein, the facts relevant for adjudication are being culled out and taken from WP No. 10025 of 2022.

Signature Not Verified Signed by: VINOD

3. The challenge is made to impugned orders dated 21.09.2021 and 15.12.2021 whereby the Labour Court, Jabalpur observed that 'evidence on affidavit' of 308 employees would be taken into consideration while disallowing their cross-examinations citing the absence of any such requirement. The Labour Court further observed that since 'evidence on affidavit' of all other remaining workmen is identical in nature, there is no necessity for their cross-examination and that identification has already been done by the Court itself, evidence on affidavit has already been filed by all the workmen, cross-examination of respondent No.2-Balmik Shukla is already complete, therefore, the matter shall now proceed for evidence of petitioner-College without cross-examination of remaining witnesses.

4. It is argued that the dispute in the instant case has arisen in the light of the screening which was carried out by a duly appointed Screening Committee of the petitioner-College with respect to determination of status of daily wage employees. As the aforesaid employees sought regularization of their services, examination of documents, status, period of working, educational qualifications, existence of vacancy etc. was to be examined by a duly constituted committee of petitioner-College in compliance of the order dated 13.05.2015 passed in WP No. 21283 of 2013 (Netaji Subhash Chandra Bose Medical College Daily Wager Employee Sangh and others vs State of M.P. and others).

5. It is submitted that the said writ petition (WP No. 21283 of 2013) was disposed of vide order dated 13.05.2015 directing the Head of Department to constitute a committee for considering the cases of regularization of the Signature Not Verified Signed by: VINOD petitioners-workmen as provided in Clause 5.2 of policy dated 06.05.2007 issued by the General Administration Department, Govt. of Madhya Pradesh. The said committee shall consider the cases of the members of the petitioner- association for regularization within a period of three months from today. Till the aforesaid exercise is completed, the petitioners shall be allowed to continue in service.

6. It is contended that after examining the cases of the employees, the committee gave its report and after fulfilment of the provisions applicable in the labour laws, the petitioner-College dispensed with services of 341 employees including respondent No.2-Balmik Shukla. The petitioner-College was constrained to take the aforesaid action in compliance of direction issued by the State Government dated 16.05.2007 for ensuring that the petitioner- College would not engage any workmen directly. Out of 341 persons for whom the dispute is pending before the competent court, only 273 persons have submitted their details before the screening committee and whereabouts of rest of the persons were not made available. It is argued that instead of participating in the process of regular recruitment thr