The Madhya Pradesh High Court has set aside the order of oral termination of a dailywaged employee working in the Maharaja Martand Singh Joodeo White Tiger Safari and Zoo Mukundpur, Satna district of MP.
The court directed the Forest Department to reinstate the petitioner within 30 days.
Justice Sujoy Paul ordered the order of oral termination is
set aside, petitioner be reinstated in 30 days.
The counsel for the petitioner submitted that this Court based on the
judgment of Supreme Court opined that services of daily rated employee could not have been terminated without holding enquiry when termination is stigmatic in nature, the court order said.
The principles of natural justice were violated because neither the show-cause notice dated 06.09.2018 is served on the petitioner nor any departmental enquiry was conducted, the court order said.
The reason of termination is indisputedly stigmatic in nature, the court order said.
The court order said the respondents will be at liberty to conduct an enquiry against the petitioner and take appropriate action in accordance with law.
The court order said If any adverse action/ punishment order is issued, petitioner may approach the appropriate Labour Court against the same. The question of continuation of service and back wages etc. will be decided by the employer in the enquiry which will be conducted henceforth, the court order said.
With these orders the court disposed of the plea of Anubhav Dwivedi.
