The State Of Madhya Pradesh vs Rajesh Sen
2023 Latest Caselaw 8532 MP

Citation : 2023 Latest Caselaw 8532 MP
Judgement Date : 13 June, 2023

Madhya Pradesh High Court

The State Of Madhya Pradesh vs Rajesh Sen on 13 June, 2023

Author: Sanjay Dwivedi

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         MP No. 2930 of 2023
                                         (THE STATE OF MADHYA PRADESH AND OTHERS Vs RAJESH SEN)

                          Dated : 13-06-2023
                                 Shri Punit Shroti - Government Advocate for the petitioners/State.

                                 Heard on the question of admission and also on interim relief.
                                 By the instant petition filed under Article 227 of the Constitution of India,
                          the petitioner is challenging the validity of award dated 12.01.2023 (Annexure-
                          P/1) passed by the Labour Court, Rewa, whereby direction was issued to

                          instate the services of respondent with back wages.

Learned counsel for the petitioners submits that the Labour Court did not appreciate the evidence and also did not appreciate that the burden lies upon the workman has not been discharged and even otherwise according to him, the order of reinstatement in view of several judgments of the Supreme Court is not proper, although in lieu of that an amount of compensation can be awarded.

Considering the aforesaid, let notice be issued to the respondent on payment of process fee within a period of seven days by RAD mode, returnable within six weeks.

By way of interim measure, it is directed that the operation of the impugned award dated 12.01.2023 (Annexure-P/1) shall remain stayed till the next date of hearing subject to compliance of Section 17-B of the Industrial Disputes Act, 1947.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

ac/-

Signature Not Verified Signed by: ANIL CHOUDHARY Signing time: 6/14/2023 10:53:07 AM