Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:16548
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPL No. 65 of 2018 1 - State Of Chhattisgarh Through The Secretary Department Of Public Works Mahanadi Bhawan Mantralaya Naya Raipur Chhattisgarh. ( The Petitioner No. 1 Was Not A Party Before The Learned Labour Court But Has Been Impleaded As Petitioner No. 1 In The Instant Petition As The Proper Course Is To Implead The State Government Through The Secretary Of The Concerned
Department
),
District
:
Raipur,
Chhattisgarh 2 - The Executive Engineer , Public Works Department Division Khairagarh District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh
... Petitioner(s) versus 1 - Radhelal S/o S/o Bodhi Lodhi , R/o Village Birutola , Tahsil And Police Station Chhuikhadan District Rajnandgaon Chhattisgarh., District : Rajnandgaon,
Chhattisgarh 2 - Satanand S/o Baisakhu , R/o Village Birutola , Tahsil And Police Station Chhuikhadan District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 3 - Raju S/o Jodhi , R/o Village Birutola , Tahsil And Police Station Chhuikhadan District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 4 - Santram S/o Tirith Lodhi , R/o Village Birutola , Tahsil And Police Station Chhuikhadan District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 5 - The Labour Court , District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh
... Respondent(s) For Petitioners/ State : Mr. R. S. Marhas, Addl. A.G. For Respondent No. 1 to 4 : Mr. Lav Sharma, Advocate Digitally signed by AJINKYA PANSARE Date: 2025.04.08 17:53:44 +0530
2 Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 08-04-2025 1) The present writ petition was filed challenging the award dated 27.07.2017 passed by the Labour Court, Rajnandgaon in case No.2/IDA/2016 (Ref.). Vide the impugned award, the Labour Court has granted the relief of reinstatement without backwages. 2) The respondent-workers involved in the present case are said to have employed as daily wage worker under the petitioners from 04.06.1996 till 30.03.2010. Thereafter, they were discontinued from service abruptly. The workers thereafter raised a dispute under the Industrial Disputes Act and the matter stood referred to the Labour Court, The Labour Court taking into consideration the pleadings and the evidence which have been brought on record on either side, vide impugned award has answered the reference in the affirmative holding that the respondent workers are entitled for the benefit of reinstatement without backwages.
3) The impugned award dated 27.07.2017 was challenged by way of present writ petition which was filed by the petitioners on 01.02.2018. 4) From the documents enclosed along with the writ petition itself it shows that the respondent workers were reinstated by the authorities as early as on 07.11.2017 and from 2017 onward the workers have been continuously working under the petitioners. 5) Today when the matter is taken up for final hearing, counsel for the respondent workers submits that pending the writ petition before this Court the State Government itself has vide order dated 08.12.2021
3 regularized the services of the workers and since then they are working as regular employees under the petitioners. 6) Given the aforesaid submission by the counsel for the respondent- workers, particularly taking note of the fact that the petitioner stood reinstated in service pending the writ petition, the equity stands in favour of the workers who firstly were reinstated immediately by the petitioners w.e.f. 07.11.2017 and since then they have put in more than 6 years of continuous service and meanwhile they also stand regularized under the petitioners. Moreover, by efflux of time the respondent workers have also served the petitioners for quite some time and are at the fag end of their service career where only few years of service is left for their retirement. 7) Under the circumstances, this court is inclined to dispose of the writ petition holding that the award passed by the Labour Court does not warrant any interference at this stage in the light of subsequent development that has transpired particularly in favour of the respondent-workers. 8) The writ petition accordingly stands disposed of maintaining the award passed by the Labour Court. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya