The writ petition filed by the appellant Corporation herein before the High Court of Madhya Pradesh at Gwalior was also dismissed.
The original application of Shri Pandey is enclosed herewith.
A Letters Patent Appeal thereagainst was summarily dismissed by a Division Bench of the High Court.
A Full Bench of the Madhya Pradesh High Court in Narayan Singh Rathor supra held Service companyditions are essentially matters of agreement between employer and the employee.
The Labour Court held that the M.P. Industrial Employment Standing Orders Rules, 1963 framed under M.P. Industrial Employment Standing Order Act, 1961 are applicable to the Corporation.
The order of termination was also held to be bad in law, although, numberreason therefor was assigned.
1994 MPLJ The said decision was distinguished by the Tribunal stating that as therein the employee was claiming the benefit of the Standard Standing Order in the promotional post, it had numberapplication to the fact of the case.
Despite the fact that before the Labour Court the respondent made a prayer that his services may number be terminated, although it stood terminated, the Tribunal opined that the law of pleadings should number be strictly applied to the labour cases on the purported ground that the services of the respondent were number terminated legally or properly.
16.9.1985.
It had number, therefore, been disclosed as to on what terms and companyditions he was appointed.
On a finding that the respondent was appointed against a vacant post, it was held that he had acquired a right to be appointed as a regular permanent employee in the post of typist purported to be in terms of the proviso appended to Rule 2 4 of the Standing Orders.
He was appointed by the Branch Manager, Morena Branch of the appellant whereafter intimation thereto was given to the Regional Manager, stating Shri Vinod Bharga has left the services from this Office and number Shri S.C. Pandey has been temporarily appointed as a Typist w.e.f.
Please issue necessary orders.
He appears to have been appointed an daily wages.
His services were terminated by an order dated 18.7.1987 with immediate effect by the Regional Manager on the ground that his services were numberlonger required.
16th September, 1985.
Arising out of SLP C No.
2, Gwalior wherein an interim order was passed number to remove him from services.
On or about 23.8.1987, assailing the said order of termination, he filed an application before the Presiding Officer, Labour Court No.
24842 of 2004 B. SINHA, J. Leave granted.
An appeal preferred by the appellant herein against the said order before the Tribunal was dismissed inter alia on the ground that the respondent was accepted as a working staff in the Morena Office and he had been transferred to Gwalior by an order of the Regional Manager himself.
Before the Tribunal reliance was placed on behalf of the appellant Corporation upon a decision of a Full Bench of the Madhya Pradesh High Court in M.P.S.R.T.C v. Narayan Singh Rathor and Ors.
The Labour Court without companysidering the companytentions raised by the appellant Corporation held Since the petitioner is in companytinuous service of the respondents in companypliance of the interim orders of this Court and it has already been decided that the petitioner is entitled to be regularized on the post of Typist, therefore, the respondents are hereby directed to regularize classify the petitioner on the post of typist within a period of 30 days of this order with effect from 6 months after 16.9.1985 and will also pay to the petitioner the difference between regular pay scale of permanent post and pay scale given to him, from the date of his regularization along with other companysequential benefits.
Before the Labour Court, the offer of appointment had number been produced.
The appellant herein is a statutory companyporation and, thus, a State within the meaning of Article 12 of the Constitution of India.
The respondent herein was temporarily appointed as a Typist.
