Ashok Kumar Dubey v. M. P. Road Trasnport Corporation
2011-03-29
AJIT SINGH, SANJAY YADAV
body2011
DigiLaw.ai
JUDGMENT : Review/Recall/Modification of the order dated 21-01-2009 passed in Writ Petition No. 9251/08(s) has been sought vide this review petition. Writ Petition No. 9251/08(s), at the instance of present petitioner, was directed against the order dated 22-01-2008; whereby, the Industrial Court allowed the appeal under section 65 filed by respondents herein against the order dated 05-04-2004 passed by the Labour Court. By order dated 05-04-2004, Labour Court on an application preferred by the petitioner herein under section 31(3) read with section 61 and 62 of the M. P. Industrial Relations Act, 1960 directed the respondents herein to classify the petitioner as permanent driver in a regular establishment and pay remuneration of regular post. The Industrial Court, however, by its order dated 22-01-2008 reversed the order passed by the Labour Court and remitted the same for retrial. After passing of the order dated 22-01-2008 the respondents herein passed an order on 22-07-2008; whereby, services of the petitioner herein were dispensed with. Pertinent it is to note at this juncture that on earlier stage, prior to the proceedings forming subject matter of Writ Petition No. 9251/08(s), before the Labour Court, there were proceedings initiated by the petitioner against his termination which led to passing of an order by the Industrial Court on 15-10-1999 in an Appeal No. 495/MPIR/98. In pursuance to said order the services of the petitioner were restored in the capacity as a Badli Driver, during continuance whereof, the petitioner brought the proceedings which culminated into an order dated 05-04-2004 and the order dated 22-01-2008. The petitioner herein being aggrieved by the order passed by the Industrial Court on 22-01-2008 and that by respondents on 22-07-2008 filed a Writ Petition No. 9251/08(s) seeking its quashment. During the course of hearing of the said writ petition the petitioner, however, confined his challenge to the order dated 22-01-2008 passed by the Industrial Court. The said order was upheld and the petition was dismissed by order dated 21-01-2009. By way of the present review petition the petitioner seeks review/recall/modification of the said order to the extent that the order dated 22-07-2008 whereby the services of the petitioner were dispensed with, since were not adverted to and the order passed by the respondent since was without giving any opportunity of hearing to the petitioner, the petitioner be given a chance to challenge the said order of termination.
Learned counsel for the respondents does not dispute the factual aspect. We find sufficient force in the submissions put forth by the learned counsel for the petitioner. As, in our opinion since the order dated 22-07-2008 was not adverted at, no prejudice should be caused to the petitioner in any manner and he cannot be left remedy less. Therefore, we grant liberty to the petitioner to question the legality of order dated 22-07-2008 before appropriate forum in accordance with law. The review petition is disposed of finally in above terms. However, there shall be no order as to costs.