Writ Petition No.13678/2008
1.9.2010
Shri P.K. Pandey, learned counsel for the petitioner.
Ms. Jailakshmi Aiyer, learned counsel for respondent
State.
Heard on the question of admission.
Petitioner by way of present petition under Article 226
of the Constitution of India calls in question the
correctness of order dated 8.12.2006; whereby, the claim of
the petitioner for reinstatement and payment of wages has
been declined. The petitioner was initially engaged as
contingent worker vide order dated 31.3.2002. Subsequent
thereof the services were dispensed with as no more
required vide order dated 20.11.2002.
The petitioner questioned the said order in W.P. No.
10229/2006 (s). The said writ petition was disposed of by
order dated 30.8.2006 in the light of the common order
passed in W.P. No. 12138/2006 (s) – Smt. Koushalya Saket
v. State of M.P. and another which was disposed of with the
direction that:
“Order of termination of service of the petitioner
whose services have been terminated without
compliance of Section 25-F of the Industrial
Disputes Act is held to be illegal and void.
Respondents are at liberty to take steps in
accordance with law. No costs.”
It is in pursuance to aforesaid order that the
impugned order dated 8.12.2006 has been passed.
Present petition when it was taken up for hearing on
admission on 13.3.2009, learned counsel appearing for the
State of M.P. informed that against the order dated 30 th
2
August 2006 passed in W.P. No. 10229/2006 (S), a Writ
Appeal No. 177/2007 is pending before the Division Bench
in which the interim order has been passed. The petition
was thereafter adjourned and posted on 27.8.2010;
whereon, the same was adjourned at the instance of
learned counsel for the parties to ascertain as to whether
W.A. No. 177/2007 is against the order passed in W.P. No.
10229/2006.
The matter when, it is taken up today, it is submitted
on behalf of respondent State that since the common order
passed in W.P. No. 12138/2006 (S) is the subject matter of
W.A. No. 177/2007 and the operation of order passed
therein has been stayed, no relief for the present can be
granted to the petitioner as the impugned order dated
8.12.2006 is in compliance to order passed in W.P. No.
12138/2006 (S).
In view of peculiar facts of present case, since no
relief can at present be granted till the pendency of W.A.
No. 177/2007, the petition is disposed of with the liberty to
the petitioner to revive the petition in case W.A. No.
177/2007 is allowed in his favour.
The petition is accordingly disposed of finally in above
terms.
(SANJAY YADAV)
J U D G E
Vivek Tripathi