Kamlesh Prasad Mishra vs The State Of Madhya Pradesh
2023 Latest Caselaw 9798 MP

                                                       1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VISHAL MISHRA
                                              ON THE 28 th OF JUNE, 2023
                                          REVIEW PETITION No. 274 of 2023

                          BETWEEN:-
                          1.    KAMLESH     PRASAD     MISHRA  S/O   SHRI
                                RAMBHUWAN MISHRA, AGED ABOUT 52 YEARS,
                                OCCUPATION: SERVICE MATE CONTINGENCY IN
                                THE OFFICE OF S.D.O. BHAWAN QUANTI NAHAR
                                SUB DIVISION NO. 3 MANGAWAN REWA R/O
                                MORAI PURANI BASTI WARD NO. 9 ANANTPUR
                                TAHSIL HUZUR DISTRICT REWA (MADHYA
                                PRADESH)

                          2.    MAHESH PRASAD SONDHIYA S/O SHRI GANESH
                                PRASAD SONDHIYA, AGED ABOUT 48 YEARS,
                                OCCUPATION: SERVICE AS GARDENER IN THE
                                OFFICE OF S.D.O. BHAWAN BHANDAR, SUB
                                DIVISION BAN SAGAR, REWA R/O BAN SAGAR
                                COLONY, SAMAN, H.NO. 167, TEHSIL HUZUR,
                                DISTRICT REWA (MADHYA PRADESH)

                          3.    SMT. SHYAMWATI SAKET W/O SHRI RAMDEEN
                                SAKET, AGED ABOUT 44 YEARS, OCCUPATION:
                                SERVICE AS GARDENER IN THE OFFICE OF S.D.O.
                                BAN SAGAR, SUB DIVISION NO 3, UPPER PURWA
                                NAGAR, DIVISION REWA R/O WARD NO. 25,
                                BEHIND POST OFFICE, BAN SAGAR COLONY,
                                SAMAN, TEHSIL HUZUR, DISTRICT REWA
                                (MADHYA PRADESH)

                                                                              .....PETITIONERS
                          (BY SHRI YOGESH KUMAR CHOURASIA - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                PRINCIPAL SECRETARY DEPARTMENT OF
                                WATER RESOURCES MANTRALAYA VALLABH
                                BHAWAN BHOAPL (MADHYA PRADESH)

                          2.    THE  ENGINEER    IN  CHIEF, AMARKANTAK
                                BHAWAN DISTRICT BHOPAL (MADHYA PRADESH)
Signature Not Verified
Signed by: MRS. LORETTA
RAJ
Signing time: 6/30/2023
5:21:10 PM
                                                      2
                          3.     THE CHIEF ENGINEER, BAN SAGAR GANGA
                                 KACHHAR, REWA DISTRICT REWA (MADHYA
                                 PRADESH)

                          4.     THE SUPERINTENDENT OF ENGINEER, BAN
                                 SAGAR NAHAR DIVISION, REWA DISTRICT REWA
                                 (MADHYA PRADESH)

                          5.     THE EXECUTIVE ENGINEER, BAN SAGAR NAHAR
                                 DIVISION, REWA DISTRICT REWA (MADHYA
                                 PRADESH)

                          6.     THE SUB DIVISIONAL OFFICER, SUB DIVISION NO
                                 4 UPPER PURWA NAGAR DIVISION, REWA,
                                 DISTRICT REWA (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (BY SHRI PUSHPANJALI DWIVEDI - PANEL LAWYER)

                                 This petition coming on for admission this day, th e court passed the
                          following:
                                                               ORDER

Heard on I.A. No.4307 of 2023 - an application for condonation of delay in filing the review petition.

Although it is opposed by the State counsel, but for the reasons mentioned therein, sufficient reasons are being made out by the petitioner to condone the delay, I.A. No.4307 of 2023 is allowed.

Delay in filing the review petition is condoned. As far as review petition is concerned this application is filed seeking review of the order passed in W. P. No.112/2018 as far as petitioners No.2, 3 and 4 are concerned because petition on behalf of petitioner No.1 was allowed and it was directed to extend him the benefit in terms of the judgment passed by the Hon'ble Supreme Court in the case of Ram Naresh Rawat v. Ashwani Naik & others: (2016) 8 SCC 733.

The observation made by this Court was on the basis that there were no Signature Not Verified Signed by: MRS. LORETTA RAJ Signing time: 6/30/2023 5:21:10 PM

documents on record i.e. the order passed by the Labour Court or the Industrial Court to demonstrate that the petitioners No.2, 3 and 4 have ever approached the Labour Court for seeking regularization of their services like petitioner No.1. Now by way of an application for taking documents on record they have produced before this Court the Award passed by the Labour Court and subsequent order dated 25.06.2003 passed by the Industrial Court by which the appeal filed by the State Government has been dismissed. This goes to show that the petitioners No.2 and 3 have approached the Labour Court as well as Industrial Court for redressal of their grievances.

In view of the aforesaid, illegality is committed by this Court apparent on the face of record. Therefore, the review petition is allowed.

Writ Petition No.112/2018 is restored to its original number for consideration as far as petitioners No.2, 3, and 4 are concerned.

List W. P. No.112/2018 for consideration in week commencing 10th July, 2023.

(VISHAL MISHRA) JUDGE Loretta

Signature Not Verified Signed by: MRS. LORETTA RAJ Signing time: 6/30/2023 5:21:10 PM