~IN‘ THE HIGH COURT OF JUDICATURE N .P .AT JABALPUR w.:9‘.1\10."5'q+/98 RES PONDENTS : j 5tate of Madhva Pradesh through Secrekary , Department of Education , Govt .of 1%.? .Bhopal . 2 . Pr incipal a Govt .Educational College , Bilasmur. VERS US Ramraj Ozha,S/o Udainath Ozha, R/o Govt .Educational College Campus , Tarwaharchowk , Bilaspur . 2 . Presiding O£ficer ,Habour Court .Bilaspur .. WRIT PETITION UNDER ARTICLE/ 226/227 OF THE CONSTITUTION? OF ’ , INDIA . ’ ~ «Vanarn HIGH \ COURTOF JUDICATURE CHHATTISGARH: B!LA$PUR w l I 5 Singe Benclr Hon’ble Shri Satish K. mihotri J. i ‘t E W. P. No, 1547 of 1998 1s 3P€titi011ey : , State of Madhya Pradesh an anothar _ Versus ‘ 2Rgsp0ndents : " Ramraj Ozha (it. another r J 2. Wlth Iegaxd to the backwages, admittedly,” the reSpondent ; i Nod was appointed on daily wages and he was reinstated in 2 I , 3 r service. pursuant to the impugned award dated 27.2. 1997. The respondeut No;1 has not made out a case that he was not - employed elsewhere gainfully There was no pleading to that effect and no finding is recorded by the Labom Court for grant z _ of back wages Even otherwme, the employee, employed onr ‘ ' daily wages basis is not entitled for back wages, as he had not Worked on daily wages basis This Court in the case of 'Krishi » 7' Upaj Mandi Semiti Mungeli Vs. Presiding omcer, Labour ‘ Court Bilaspur & another f 2006 (1) CGLJ 483} has held that”, ‘ \ /,a/w‘“/ ““ .:- t z g Smt Anju AhuJa, Deputy Govt Advocate for the petttloners e i i Shn M. K. Bhadun, Aclvccate £01 the mspsndgnt Nor}: y \ 1: ; i E ORAL ORDER § t V v (27th July, 2006) i 1‘ LEearnsd counsel appearing fol the petmoners sublmts that the i H!npugncd awald dated 27.2. 1997 passed by the Labour Court, z Bilaspur in Case No. 22/I.D.A./96 (Rafi) has; been complied I with and the petitioner is continuo in service. As such, nothing E Wm, " iurvives in this matter. “Q v ‘ ‘ 1 ”Hie datlj wages emplayees are paid wages on the hams 0f me r ‘ ugmk perfanaed on day i0 daJ baszs Them is rw questwn 0f I Mhng anJ payment af back wages The daily wages weimpioyees are iequtred ta be engaged on the basis afavailabzmy ~ Jf wmk and are paid the wages an that busts Thus ihe ‘ I _ :qnpugned award c0 the exiemvaf grant 0f back wages ,zs ‘rwt r ( £ -* siestainabie in Eaw and the same deserves to he set aside ” r (ff full back wages, holdmg that the respondent No ’1 employee“- 3 r? *1“ hams: wages. Ne oyder as t0 cas. i S 1 § > Accordingly, th1s pehnon is pax1ly allowed to the exfent of grants ‘ ‘ g 1 § i e ts ‘ g