Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:18302
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2742 of 2025 1 - Agralal Joshi S/o Lt. Agun Joshi Aged About 63 Years At Plot No. 82, 83, Gurughasidas Grih Nirman Society, Behind Vijeta Complex, New Rajendra Nagar, Raipur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Labour Department, At Mantralaya Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh. 2 - Chairman/ President Chhattisgarh State Industrial Court And Chhattisgarh State Industrial Tribunal, At Ghadi Chowk, Raipur, Chhattisgarh. 3 - Chief Secretary State Of Chhattisgarh At Mantralaya, Mahanadi Bhawan, Naya Raipur District Raipur, Chhattisgarh. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.04.23 23:55:49 +0530
2 4 - High Court Of Chhattisgarh Through Registrar General, At Bodri, Bilaspur, Chhattisgarh. ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Vinay Nagdev, Advocate. For Respondent(s) : Ms. Nupur Trivedi, Panel Lawyer. For Respondent no. 4 : Shri Shashank Thakur, Advocate. Hon'ble Shri
Bibhu Datta Guru
, Judge
Order on Board 23.04.2025
1. By this writ petition, the petitioner is seeking a direction towards the respondent no. 1 to make payment of the salary of the petitioner along with other allowances. 2. Learned counsel for the petitioner would submits that pursuant to the order dated 12.08.2021, the petitioner assumed the charge of the President of the State Industrial Court on 24.08.2021. The said appointment of the petitioner was challenged before this Court in WPPIL No. 19/2021 and WPC No. 3438/2021. According to the petitioner, till the final decisions of the said writ petitions i.e. up to 11.11.2022, the petitioner rendered his services on the said post and despite the said fact the authorities are not releasing the salary and other allowances for the period from 24.08.2021 till 11.11.2022. The petitioner made several representations and even the respondent no. 1 forwarded the said request of the petitioner to the
3 respondent no 4 who by order dated 29.04.2024 declined to release the salary or any allowances for the period of service rendered by him as President State Industrial Court Raipur. The said order passed by the respondent no. 4 pursuant to the orders dated 25.08.2021 and 11.11.2022 passed by this Court in the aforesaid writ petitions. 3. On the other hand, learned counsel appearing for the respondents would oppose the aforesaid submission and would submit that the petitioner is not entitled for any salary and other allowances. 4.
I have heard both the counsels for the parties and perused the pleading and documents. 5. It is an admitted fact that the petitioner assumed the charge of the OfÏce of the President State Industrial Court on 24.08.2021 pursuant to the order dated 12.08.2021. However on the very next day this Court passed the order and the appointment order of the petitioner dated 12.08.2021 has been stayed and the petitioner has been restrained from functioning as President of the State Industrial Court. Subsequently the said writ petitions were finally decided and set aside the appointment of the petitioner. The High Court of Chhattisgarh/respondent no. 4 has rightly declined to release the salary and other allowances in favour of the petitioner, but the petitioner has not challenged the said order. Even otherwise when the appointment order itself issued in favour of the petitioner as President State Industrial Court has been set aside and from the day one, he has been restrained from discharging functions, the petitioner is not entitled for any salary and other allowances. 4
6. For the reasons stated hereinabove, the writ petition being bereft of merit is liable to be and is hereby dismissed at the admission stage itself. Sd/-
(Bibhu Datta Guru) Judge Shoaib