Q^^^<. (^;^^-'-:,... €B"(^y:'" IN THE HIGH COURT OF rUDICATURE AT BILASPUR CHHATHSGARH W.P.No.J'i^ ^2006 FETmONER / VERSUS Gaitrain Gond (Taram) S/o- Sundarlal Gond Aged about 38 years R/o- Ghoghir Post- Chhiuiya E)istt- Rajnandgaon (C.G.) RESPONDENTS : ^l) State of Chhattisgarh Thrrough:- Secretary Panchayat Department D.K.S. Bhawan Raipur (C.G.) /2) The CoUector, Rajnandgaon Distt- Rajnandgaon (C.G.) ^ 3) Chief Executive Officer, Janpad Panchayat Chhuriya Distt- Rajnandgaon (CG.) WRIT PETmON UNDER ARTICLE 226/ 227 OF THE CONSTITUTION OF INDIA. XI-HC-22 ^cET "q i<j |c»o,u>-a1<(i<id, Rrtmyt 3n^5Tqg^_^^ . U>~P:^b~- &V. tlllril SiW " ^.^- y&. ••• ft^lEt ^. 200 sn^sTipr R'li'ti ai^?r axii'txiRfl 3I7^?T^RITSRV^V ci»i«[n<Il-iiiiwT^'fe'^1 '(lui'tcil ^ari^iTan^T Shri Anoop Mazumdar, Shri S.P. Kaie, Govt. Adf/ocate No.1 and 2. ' Shri Sandeep Dubey, counj 1 f&rthepetitioner. for the State/ The petitioner has filed dated 22-10-2005 passed &y the| Janpad Panchayat.Chhuriya. Ls submits thatthe petitiorier was a| the vehicie. He further submits and the services of the driver we| at that time Farrash post vvas vai] fo continue on the said post, Lei to the order pa'ssed by the Labo^ of one .Tuiaram Nishad, resoii Executive Officer issued notice t(j notice is issued without comp!y| Conditjons of Sen/ice Ruies, are being terminated. Learned it Executive Officer has not giveri a| •Mazumdar submits that there ar4 is presentiy iying vacant. Retum has been fiied by tfli 1939 ^elforrespondentNo.3. . jhis petition agalnst the resolutjon IGenerai Admlnistration CommJttee, larned counsei for the petitioner (ipointed in April, 1998 as driver of Ihat the vehicle was sold in auction 1-e not required. It issubmitted that ^ant and the petitioner was allowed rne.d counsel submits that pursuant Courtwith reaard to reinstatement [ition was passed and the Chief the pefitioner. it is stated that the Ing with the proyisions of General and the ^services of the pefitioner ;unsei aiso submits that the Chief iy opportunity to the petitioner. Shri two ppsts of Farrash and one post e respondent No.3. •('^^l^ 1 XI-HC-22 sn^i^r ft-fi* siiiw ?f*lich ^Tfi^i 'FSI'^PV^Pl, QV\W , fatcfRiy 3?^T1^^ . _.S..[!Q....^^ ww" ^"""^%/""""s< '^° sn^i TOiiWHftii -2-. Learned Counsei for the is not the permanent employee Conditions of Service Ruies, 199' it is pointed out that ths before the. Labour officer, Rajnafidgaon on 18-11-2005 chaiiengini his removal order gnd nDtice wa arid the sau petitioner has filed the Annexur. contending that the ruies are not These are the disputed q| the Labour Court. Having considered the f^ material on record and in viewt cDnsideration before the Laboi Under the facts and circumsl hereinabove, in the opinion ofj served if a direction is given t^ preferably wifhin a period o| receipt/prodUGtion of copy of t| measure, it is directed that the| videorder 9-12-2005 shall contirtue. The petition is accordingy Certified copy as per ruie^ <twlfi<il'i *iiy<A'-?f3^t <r<=i^i< ' ^K 3lfi(PT SIKST, - I- .- ^ 'i^. 1.1 |sppnaeni suDmlls tnai ine petltlOner and the provisions of the General ! do not apply in the.present case. petitioner has raised the dispute also issued to the respondent No.3 g before .the Labour Court. The -P/4 the set. up of posts of Janpad nt no.3 has also sabmitted the repiy ippticabie in the preser;t case, lestions, which can be gone into by lcts and circumstances of the case, of the fact the matter is pendin; ir Court and notices Were issued^ ances and the submission made this Court, ends of justice will be the Labour Court to consider and deeid.e" the case of the petjtioi|ier on merits as early as possible two months from the date of is order. Tiil as an intenm interim ordsr passed by this Court ?osed of. Sd/- Ta^uddln ]udge [^^fs^ ^