Ashish Pathak vs Union Of India
2022 Latest Caselaw 2219 MP

                                                      1
                           IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                             ON THE 17th OF FEBRUARY, 2022

                                          WRIT PETITION No. 1916 of 2022

                             Between:-
                      1.     ASHISH PATHAK S/O SHRI JAGDISH PATHAK ,
                             AGED      ABOUT    29   YEARS, OCCUPATION:
                             MECHANICAL ENGINEER R/O WARD NO. 4 NEAR
                             OF SOCIETY BAGAUTA, DISTT- CHHATARPUR
                             (M.P.) (MADHYA PRADESH)

                      2.     DHAN PRASAD PATEL S/O SHRI DASHRATH
                             PRASAD PATEL , AGED ABOUT 31 YEARS,
                             OCCUPATION: OPERATOR(EXCAVATOR) R/O H.N-
                             180, VILLAGE-SILPATPURA,   POST-NEAR  OF
                             SOCIETY BAGAUTA,     DISTRICT-CHHATARPUR
                             (MADHYA PRADESH)

                      3.     BALRAM KUSHWAHA S/O SHRI GAYA DEEN
                             KUSHWAHA , AGED ABOUT 29 YEARS,
                             OCCUPATION: PRIVATE JOB VILLAGE-TAHNGA,
                             TEHSIL-LAVKUSHNAGAR,           DISTRICT-
                             CHHATARPUR (MADHYA PRADESH)

                      4.     RAKESH SINGH S/O SHRI NARAYAN SINGH , AGED
                             ABOUT        38         YEARS, OCCUPATION:
                             OPERATOR(EXCAVATOR) H. NO-72, WARD NO 72,
                             MAJPATIYA NEAR LAVKUSH MANDIR, TEHSIL-
                             LAVKUSHNAGAR,        DISTRICT-CHHATARPUR
                             (MADHYA PRADESH)

                      5.     CHANDRA BHAN TIWARI S/O SHRI RAIBHARE
                             TIWARI , AGED ABOUT 49 YEARS, OCCUPATION:
                             HELPER WARD NO-15, VILLAGE-RATANPURA,
                             POST-KATAHRA       KATHRA,        TEHSIL-
                             LAVKUSHNAGAR,        DISTRICT-CHHATARPUR
                             (MADHYA PRADESH)

                      6.     CHARAN SINGH RAJPOOT S/O SHRI SEVARAM
                             RAJPOOT , AGED ABOUT 49 YEARS, OCCUPATION:
                             STORE KEEPER H.NO=396, VILLAGE AND POST-
                             BAGMAU, TEHSIL-LAVKUSHNAGAR, DISTRICT-
                             CHHATARPUR (MADHYA PRADESH)

                                                                              .....PETITIONER
                             (NONE FOR THE PETITIONER)

                             AND

                      1.     UNION OF INDIA THROUGH THE MINISTRY OF
                             LABOR AND EMPLOYMENT NEW DELHI NEW
                             DELHI (DELHI)

                      2.     THE LABOR ENFORCEMENT OFFICE(CENTRAL)
Signature
 SAN      Not                SATNA MIG-17, KOTHI ROAD, CIVL LINES SATNA
Verified
                             (MADHYA PRADESH)
Digitally signed by
TARUN KUMAR
SALUNKE               3.     COLLECTOR               CHHATARPUR DISTRICT-
Date: 2022.02.18
10:35:13 IST
                                2
           CHHATARPUR(MP) (MADHYA PRADESH)

4.         AMIT MISHRA MINING OFFICER, CHHATARPUR
           DISTRICT-CHHATARPUR(MP)        (MADHYA
           PRADESH)

5.         FORTUNE STORE LIMITED COMPANY THROUGH
           GENERAL       MANAGERKATHARA DISTRICT-
           CHHATARPUR(MP) (MADHYA PRADESH)

6.         NIVEDAN BHARDWAJ ,NEW DELHI PLOT NO-62, II
           ND FLOOR, OKHILA INDUSTRIES ESTATE PHASE -
           3, NEW DELHI (DELHI)

                                                                                 .....RESPONDENTS
           (BY SHRI AMIT MISHRA, PL FOR STATE)

        T h is petition coming on for hearing this day, the court passed the
following:
                                                ORDER

None for the petitioner.

Shri Amit Mishra, learned PL for the respondent/State.

Nobody appeared on behalf of the petitioner on 27/01/2022 also. Petition is perused.

Petitioner has filed this writ petition challenging order dated 10/01/2022 (Annexure P-5) passed by the Labour Enforcement Office (Central) Satna informing the petitioner that petitioner was given several opportunities to present himself and address the competent authority in relation to the complaint but he failed to appear. On 15/12/2021 M/s Fortune Stones Limited, Chhatarpur produced a receipt of final payment and consent of the petitioner to have received full and final payment with stipulation that he does not wish to work in M/s Fortune Stones Limited, Chhatarpur, therefore, his complaint is closed.

Learned counsel for the petitioner has placed reliance on decision of coordinate Bench at Gwalior passed in W.P No.4716/2016 (Ramveer Singh Gurjar & ors Vs. State of M.P & ors) decided on 29/09/2016, wherein placing reliance on the decision of the Supreme Court in case of Hargurpartap Singh Vs. State of Punjab & ors, (2007) 13 SCC 294 has held that one set of contractual employee cannot replace another set of contractual employee. However this judgment was in context of contractual Lecturers appointed in the college as a Guest Faculty. In present facts and circumstances of the case ratio of law laid down in Hargurpartap Singh (supra) is not applicable as appointment of the petitioner being in the domain of contractual appointment with a private corporate entity, and it is evident from the impugned order that despite affording several opportunities to the petitioner, he failed to appear before the competent authority. In view of this Court, there is no illegality or arbitrariness in the impugned order. Therefore, this petition fails and is dismissed.

(VIVEK AGARWAL) JUDGE tarun