Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:13593
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPL No. 41 of 2018 Kisan Rice Mill Bhatapara Through Its Manager , Chhattisgarh State Cooperative Marketing Federation Limited , Bhatapara District Balodabazar Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh
... Petitioner(s) versus Bhawar Singh S/o Shri Bhagel Yadav Aged About 43 Years R/o Village Rajadhar Post Gurra Tahsil Bhatapara District Balodabazar , Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh
... Respondent(s) For Petitioner : Mr. Chetan Singh Chouhan, Adv. on behalf of Mr. Ashish Surana, Adv. For Respondent : Mr. Lav Sharma, Adv. Hon'ble Shri Justice
Rakesh Mohan Pandey
Order on Board 21.03.2025
1. Learned counsel for the parties would submit that the issue involved in the present writ petition is squarely covered with the decision rendered by this Court in WPL No. 14 of 2012; (Chhattisgarh Rajya Sahakari Vipnan Sangh Maryadit v. Smt. Sangita Bai Deep and Others), decided on 17th December, 2017 in which it has been held in paragraphs 10 & 11 as under:-
"10. Accordingly, the impugned orders are set aside and the matters are remitted back to the Controlling Authority for decision afresh with a further direction to record specific finding that the workmen have worked for a period of 240 days or more during the period of 12 calendar months preceding the date with reference to which the calculation is to be made. Digitally signed by AJINKYA PANSARE Date: 2025.03.21 18:50:13 +0530
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11. Since it is stand of learned counsel for the respondent workmen that the entire amount has been paid, it is directed that in all such cases where the amount has already been disbursed to the workmen, the same shall not be recovered till the matter is decided afresh by the Controlling Authority and thereafter, it shall be governed by the final order passed by the Controlling Authority."
2. Accordingly, the present writ petition stands disposed of in the same terms with further observation that while deciding afresh, the Controlling Authority shall afford the opportunity to produce material and lead evidence to both parties.
Sd/-
(Rakesh Mohan Pandey)
Judge Ajinkya