Central Motors Bhagwangunj vs Ashfak Khan
2023 Latest Caselaw 10312 MP

Citation : 2023 Latest Caselaw 10312 MP
Judgement Date : 6 July, 2023

Madhya Pradesh High Court

Central Motors Bhagwangunj vs Ashfak Khan on 6 July, 2023

Author: Vivek Agarwal

                                                                 1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                          MP No. 5514 of 2018
                                               (CENTRAL MOTORS BHAGWANGUNJ Vs ASHFAK KHAN)

                          Dated : 06-07-2023
                                   Shri T.K. Modh - Advocate for the petitioner.

                                   Shri P.N. Das - Advocate for the respondent.

Shri Jitendra Shrivasta - Panel Lawyer for the respondent/State.

Shri P.N. Das, learned counsel for the respondent is not ready with the matter. He is not in a position to answer any of the queries of this Court.

Shri Modh is also not in a position to answer that when notice/receipt was given as marked as Ex-D-2 was acknowledged by the workmen.

In fact the date of this receipt is 06.08.2016 whereas judgment was passed by the Appellate Authority under the M.P. shops and Establishment Act, 1958 on 28.09.2018, therefore, submission made by the Shri Modh that notice was given to the employee to join back is not made out. Shri Das is also not in a position to inform as to when the workman had approached the employer for execution of the judgment dated 28.09.2018.

There are many grey areas. Both the counsel are groping in dark this

instructions be completed on the next date of listing.

List the matter on 14.7.2023 at the top of the list. It is made clear that no request for pass over or adjournment shall be entertained on the said date.

Learned Panel Lawyer is directed to make compliance of order dated 26.11.2018 and if record is not made available, then the concerned Assistant Labour Commissioner, District-Sagar shall remain personally present before this Court.

Signature Not Verified Signed by: ROSHNI SINGH Signing time: 06-Jul-23 6:46:17 PM

(VIVEK AGARWAL) JUDGE R

Signature Not Verified Signed by: ROSHNI SINGH Signing time: 06-Jul-23 6:46:17 PM