Umashankar Burman vs Madhya Pradesh Poorva Kshetra ...
2023 Latest Caselaw 4579 MP

                                                            1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      WP No. 5232 of 2023
                             (UMASHANKAR BURMAN Vs MADHYA PRADESH POORVA KSHETRA VIDYUT VITRAN COMPANY
                                                    LIMITED JABALPUR AND OTHERS)

                         Dated : 23-03-2023
                                 Lawyers are abstaining from work.

                                 Petitioner Shri Umashankar Burman is present in person.
                                 Petitioner submits that he was working as Meter Reader. His engagement
                         was discontinued by the respondent/Company on completion of 50 years of

age. He places reliance on the Judgment of Hon'ble the Supreme Court in Sri

Dorairaj Spintex versus R.Chittibabu & Others delivered on 22.9.2021 in Civil Appeal No.5897/2021 (Arising Out of S.L.P. (Civil) No.30511/2018).

It is apparent that the facts of Sri Dorairaj Spintex versus R.Chittibabu & Others (supra) are different from the case at hand. In the present case, as per the statement made by the petitioner, his services have been dispensed with on completion of 50 years of age above which the contract was not to be renewed looking to the nature of the engagement whereas as is apparent from Paragraph No.13 of Sri Dorairaj Spintex versus R.Chittibabu

& Others (supra), there was some strike and the disciplinary proceedings were drawn against the acts of the vandalism involving the property of the employer. The misconduct for which the enquiry was conducted had no connection with the demand by the workman. Under the said facts and circumstances, the judgment was delivered in Sri Dorairaj Spintex versus R.Chittibabu & Others (supra) but the facts and circumstances of the present case are different.

Signature Not Verified Signed by: AMIT JAIN Signing time:

3/23/2023 5:15:38 PM

Issue notice to the respondents on payment of process fee within seven days by registered A/D post. Notice be made returnable within four weeks.

List this case after service of notice to the respondents.

(VIVEK AGARWAL) JUDGE

amit

Signature Not Verified Signed by: AMIT JAIN Signing time:

3/23/2023 5:15:38 PM