The Executive Engineer vs Subratan
2023 Latest Caselaw 15210 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                             ON THE 14 th OF SEPTEMBER, 2023
                                              WRIT PETITION No. 10496 of 2013

                           BETWEEN:-
                           1.    THE  EXECUTIVE  ENGINEER WORKS                DEPT.
                                 DAMOH (MADHYA PRADESH)

                           2.    SUB DIVISIONAL OFFICER PUBLIC WORKS
                                 DEPARTMENT B & R HO. SUB DIVISION, DAMOH
                                 (MADHYA PRADESH)

                                                                                         .....PETITIONERS
                           (BY SHRI SUBODH KATHAR - GOVERNMENT ADVOCATE)

                           AND
                           SUBRATAN   W/O NAZEER NOORI NAGAR,                  NEAR
                           CHUNNU KIRANEWALE (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI JAFAR KHAN - ADVOCATE)

                                 Th is petition coming on for hearing this day, th e court passed the
                           following:
                                                              ORDER

This writ petition is filed by the State Government being aggrieved of the award dated 26.04.2012 passed by the learned Labour Court Sagar in Case No. 26/2009 ID Act/Reference whereby respondent/workman who was working as a Gangman was retired from service on completion of 30 years of service has been directed to be reinstated with back-wages.

The only issue which is involved herein is as to whether workman is entitled to back-wages or not. Fact of the matter is that the Full Bench of this

Signature Not Verified Signed by: AMITABH RANJAN Signing time: 15-09-2023 19:24:29

High Court in case of Vishnu Muthaiya & Ors. Vs. State of M.P. & Ors. 2006(1)MPLJ 23 has held that a workman is entitled to continue up to the age of 62 years in service. In the present case, admittedly workman was superannuated at the age 53 years. Thus, workman could not perform her duty on account of the illegal acts of the State and therefore, award of 50% back- wages cannot be said to be arbitrary or illegal.

The impugned order being passed in after due appreciation of facts and law and the submission made by Shri Subodh Kathar that this judgment of Full Bench will have no retrospective application, is devoid of merit because Vishnu Muthaiya (supra) lays down law that circulars cannot curtail the age

of superannuation which is statutory in nature. Therefore, the judgment will have full application to the facts and circumstances of the case.

There is no illegality or infirmity in the impugned award calling for interference.

Petition fails and is dismissed.

(VIVEK AGARWAL) JUDGE Amitabh

Signature Not Verified Signed by: AMITABH RANJAN Signing time: 15-09-2023 19:24:29