##PAGE1##

NEUTRAL CITATION NO. 2026:MPHC-JBP:10512

1 MP-2402-2021

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VIVEK JAIN

th

ON THE 4 OF FEBRUARY, 2026

MISC. PETITION No. 2402 of 2021

MADHYA PRADESH RAJYA MAHILA AYOG

Versus

VEER SINGH PARIHAR

Appearance:

Shri Ashok Kumar Chourasia - Advocate for the petitioner.

Shri Rajneesh Gupta-Advocate for the respondent.

WITH

MISC. PETITION No. 502 of 2024

VEER SINGH PARIHAR

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Shri Rajneesh Gupta - Advocate for the petitioner.

Shri Ashok Kumar Chourasia-Advocate for the respondent.

ORDER

These two petitions have been filed challenging the same award passed

by the Labour Court, one at the instance of the workman and another at the

instance of the employer, therefore, they are being heard together and are

being decided by this common order.

2. The proceedings under the Industrial Disputes Act were initiated

by the workman on the ground that he had submitted an application before

the Assistant Labour Commissioner under Section 10 of the Industrial

Disputes Act, 1947, (ID Act for short) on 16.10.2014, but despite that, since

Signature Not Verified

Signed by: ARVIND KUMAR

MISHRA

Signing time: 09-02-2026

18:32:36

NEUTRAL CITATION NO. 2026:MPHC-JBP:10512

2 MP-2402-2021

conciliation proceedings have not been concluded, therefore, he filed a

statement of claim before the labour court on 10.12.2014. In the said

statement of claim, it was contended that he was initially appointed in the

establishment of MP State Women's Commission in March 2007 and on

13.09.2014, he has been terminated by oral order, which amounts to a illegal

retrenchment. It was contended by him that the workman was not paid any

retrenchment compensation, though having put in more than 7 years of

service, and therefore, he is entitled to be reinstated in service with

back wages, as he is a victim of illegal retrenchment and is entitled to

protection of Section 25-B and Section 25-F of ID Act. The said application

was contested by the employer on the ground that the workman was not

appointed on any vacant post, but he was appointed as per exigencies of

administration on co-terminus basis against choice quota of one member,

namely Ms. Vandana Mandavi, who was appointed as a member of the

commission and from 16.11.2016 he has been paid on collector rates on

daily wages. It was contended in the reply that his tenure was co-terminous

with the tenure of member Ms. Vandana Mandavi and it does not amount to

any illegal retrenchment as his appointment was co-terminous with the

member and at present the said member is not functioning in the

Commission. On the date of filing of reply, there was in fact no Member and

Chairman in the commission, and no requirement of work was available in

the commission.

3. Another objection was taken that MP Woman’s Commission

does not fall within the definition of Section 2-j of Industrial Disputes Act

Signature Not Verified

Signed by: ARVIND KUMAR

MISHRA

Signing time: 09-02-2026

18:32:36

NEUTRAL CITATION NO. 2026:MPHC-JBP:10512

3 MP-2402-2021

and therefore it is not an industry, being not a profit making venture but

being a statutory Commission. It is also not an undertaking even if it is not a

business undertaking, and hence it does not fall within the definition of

industry and undertaking by any stretch of imagination being a statutory

Commission constituted under MP Rajya Mahila Ayog Adhiniyam 1995.

4. The Labour Court by the impugned award dated 26-02-2021 has

said that the commission falls within the definition of industry as per section

2-j of ID Act and held that the termination of services of workman amounts

to illegal retrenchment and is entitled to be reinstated in service without

back wages but held that since no vacant post is available then as and when

the post falls vacant, the workmen be reinstated on priority basis. The

aforesaid award has been criticized by both the parties. The Commission is

aggrieved by the said award to the extent that the dispensation of services of

the