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1999 Supreme(SC) 261

S.SAGHIR AHMAD, J.JAGANNADHA RAO
Samishta Dube – Appellant
Versus
City Board, Etawah – Respondent


Judgment

M. Jagannadha Rao, J.-Leave granted.

2. The appellant who holds a post-graduate degree was appointed as a typist-clerk on 15.12.1987 by the City Board, Etawah, respondent in this appeal. Her services were terminated on 12.4.1988. The appellant raised an industrial dispute and the same was referred to the Labour Court by the State of U.P. under Section 4-k of the U.P. Industrial Disputes Act, 1947 (herein­after called the ‘Act’) on 7.9.1991. The Labour Court held that the termination of the appellant’s appointment w.e.f. 12.4.1988 could not be termed as invalid but held that, even so, the principle of “last come, first go” applied even in the case of those employed on daily wages and, therefore, passed an award to the effect that in case workmen junior to the appellant were retained, the appellant must be considered for regu­larisation by re-appointment on the basis of her seniority. This award was passed on 28.1.1993.

3. The respondent filed Writ Petition No. 15674 of 1994 in the High Court of Allahabad. The High Court held that the Municipal Board discharged sovereign functions and that the appellant was employed as a clerk/stenographer in the administrative office of the Na












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