Back
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5768 of 2022
1. Shri Pawan Das S/o Shri Uchit Das Aged About 35 Years Working As Plant Assistant Grade-2, Cseb Dspm Plant Korba R/o House No 360, Ward No 29, Podi Bahar, Kosabadi Korba, District Korba, Chhattisgarh.
2. Shri Sanjay Singh S/o Shri Deepnarayan Singh Aged About 53 Years Working As Plant Assistant Grade-2, Cseb Dspm Plant Korba R/o House No Se - 499, Cseb Colony Korba (East), District Korba, Chhattisgarh.
3. Shri Ghanshyam Sahu S/o Shri Chandrika Sahu Aged About 37 Years Working As Plant Assistant Grade-2, Cseb Dspm Plant Korba R/o House No Se - 493, Cseb Colony Korba (East), District Korba, Chhattisgarh.
4. Shri Narendra Kumar S/o Late Shri Kashiram Aged About 45 Years Working As Plant Assistant Grade-2, Cseb Dspm Plant Korba R/o House No Se - 278, Cseb Colony Korba (East), District Korba, Chhattisgarh.
5. Shri Satish Verma S/o Birendra Verma Aged About 30 Years Working As Plant Assistant Grade-2, Cseb Dspm Plant Korba R/o House No Se - 254, Cseb Colony Korba (East), District Korba, Chhattisgarh.
6. Shri Banshi Lal Mandavi S/o Shri Mohan Ram Mandavi Aged About 34 Years Working As Plant Assistant Grade-2, Cseb Dspm Plant Korba R/o House No Se - 260, Cseb Colony Korba (East), District Korba, Chhattisgarh.
7. Shri Tridev Singh Thakur S/o Shri Patiram Thakur Aged About 30 Years Working As Plant Assistant Grade-2, Cseb Dspm Plant Korba R/o House No Se - 306, Cseb Colony Korba (East), District Korba, Chhattisgarh.
8. Shri Harish Kumar Thakur S/o Shri Bahalram Thakur Aged About 31 Years Working As Plant Assistant Grade-2, Cseb Dspm Plant Korba R/o House No Ne - 70, Cseb Colony Korba (East), District Korba, Chhattisgarh.
9. Shri Ashok Kumar Suktel S/o Shri Hemant Kumar Suktel Aged About 42 Years Working As Plant Assistant Grade-2, Cseb Dspm Plant Korba R/o House No Se - 433, Cseb Colony Korba (East), District Korba, Chhattisgarh.
10.Shri Kishan Kumar Narang S/o Shri Sukhdev Narang Aged About 30 Years Working As Plant Assistant Grade-2, Cseb Dspm Plant Korba R/o House No Se - 303, Cseb Colony Korba (East), District Korba, Chhattisgarh.
11.Shri Tomesh Verma S/o Shri Kuldeepak Verma Aged About 30 Years Working As Plant Assistant Grade-2, Cseb Dspm Plant Korba R/o House No Se - 302, Cseb Colony Korba (East), District Korba, Chhattisgarh.
12.Shri Rupesh Kumar Bhasker S/o Shri Jaan Singh Bhasker Aged About 35 Years Working As Plant Assistant Grade-2, Cseb Dspm Plant Korba R/o House No Se - 482, Cseb Colony Korba (East), District Korba, Chhattisgarh.
13.Shri Mukesh Kumar Bhagat S/o Shri Budhnath Ram Bhagat Aged About 33 Years Working As Plant Assistant Grade-2, Cseb Dspm Plant Korba R/o Dingapur - 2 Iti Rampur, Korba District Korba, Chhattisgarh.
14.Shri Mahendra Kumar Yadu S/o Shri Dhaniram Yadu Aged About 34 Years Working As Plant Assistant Grade-2, Cseb Dspm Plant Korba R/o House No Se - 266, Cseb Colony Korba (East), District Korba, Chhattisgarh.
15.Shri Madhu Kumar Dhiwar S/o Shri Jagdish Prasad Dhiwar Aged About 29 Years Working As Plant Assistant Grade-2, Cseb Dspm Plant Korba R/o House No Od - 66, Cseb Colony Korba (East), District Korba, Chhattisgarh.
16.Shri Baljeet Kanwar S/o Shri Dubraj Singh Kanwar Aged About 32 Years Working As Plant Assistant Grade-2, Cseb Dspm Plant Korba R/o House No Oc - 61, Cseb Colony Korba (East), District Korba, Chhattisgarh.
17.Shri Chaman Yadav S/o Shri Madhu Yadav Aged About 29 Years Working As Plant Assistant Grade-2, Cseb Dspm Plant Korba R/o House No Se - 248, Cseb Colony Korba (East), District Korba, Chhattisgarh.
18.Shri Uday Chand Jangde S/o Shri Lakhan Lal Jangde Aged About 34 Years Working As Plant Assistant Grade-2, Cseb Dspm Plant Korba R/o House No Se - 214, Cseb Colony Korba (East), District Korba, Chhattisgarh.
19.Shri Sion Tirkey S/o Shri Karamsay Tirkey Aged About 37 Years Working As Plant Assistant Grade-2, Cseb Dspm Plant Korba R/o House No Se - 250, Cseb Colony Korba (East), District Korba, Chhattisgarh.
20.Shri Veernarayan Kothari S/o Shri Jageshwar Singh Kothari Aged About 32 Years Working As Plant Assistant Grade-2, Cseb Dspm Plant Korba R/o House No Sf - 648, Cseb Colony Korba (East), District Korba, Chhattisgarh.
---- Petitioners Versus
1. State Of Chhattisgarh Through The Secretary Of (Human Resources), Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur, Chhattisgarh.
2. The Chairman Chhattisgarh State Power Companies Limited Raipur Dangniya, Raipur, District Raipur, Chhattisgarh.
3. The Managing Director Chhattisgarh State Power Generation Company Limited, Dangniya, Raipur, District Raipur, Chhattisgarh.
4. The Chief Engineer (H.R) Chhattisgarh State Power Generation Company Limited (H.O) Raipur, District Raipur, Chhattisgarh.
5. The Additional General Manager (H.R) Chhattisgarh State Power Generation Company Limited (H.O.) Raipur, District Raipur, Chhattisgarh.
----Respondents For Petitioners : Mr. Aashutosh Shukla, Advocate For Respondents : Mr. Shubham Verma, P.L.
Hon'ble Shri Justice Narendra Kumar Vyas
['AASHUTOSH SHUKLA', '', 'Anamika Shukla', 'B K SHUKLA', 'A G']
Order on Board
09.09.2022
1. Learned counsel for the petitioners would submit that the petitioners are working as Plant Attendant Grade- III (Class-IV) (Technical) in Chhattisgarh State Power Holding Company. The grievances of the petitioner in brief is that though petitioners were initially appointed in the year 2011 as Plant Attendant Grade-II (Technical Cadre). After completion of training, their services have been regularized on 07.09.2013. They have not been given the benefit of past service for granting seniority though the similarly situated attendant of earlier batch of 2007, 2009 & 2010 have been given the seniority in light of of the circular dated 22.11.2019 and therefore, they have filed the present writ petition for issuance of direction to respondent authority to provide seniority prior to their regularization.
2. From the records, it is not in dispute that the petitioners are an employee as defined under Section 2(13) of the Chhattisgarh Industrial Relation Act, 1960 and the respondent is a schedule industry as prescribed in the schedule annexed with the act and also that the dispute facts are involved, the writ petition is not maintainable as there is an alternate efficacious remedy is available to the petitioner. This Court in WPS No. 3316 of 2020 (Surjeet Singh Sindhu Vs. State of Chhattisgarh & others) (decided on 05.09.2022) has examined the entire scheme of the act and has held that the writ petition filed by an employee under Article 226 of the Constitution of India is not maintainable.
3. In view of the above stated law, the writ petition is not maintainable on account of availability of alternate efficacious remedy available to them.
4. The writ petition is disposed of granting liberty to the petitioners to file an application under Chhattisgarh Industrial Relation Act, 1960 before the duly constituted Labour Court.
5. It is made clear that this Court has not expressed its opinion on merits of the case. It is for the Labour Court to examine case of the petitioner on its own merits.
6. With these observations/directions this writ petition is disposed of.
