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2002 Supreme(SC) 338

D.P.MOHAPATRA, P.VENKATARAMA REDDI
Haryana Urban Development Authority – Appellant
Versus
Devi Dayal – Respondent


JUDGMENT

P. Venkatarama Reddi, J.-By the impugned judgment, the High Court of Punjab & Haryana upheld the award of the Labour Court, Gurgaon, dated 14.3.2000 in Ref. No. 451 of 1996. Aggrieved by the same the present SLP is filed by Haryana Urban Development Authority.

2. In the SLP, notice was issued to the respondent, limited to the question of back wages. Though respondent has been served, none appears for the respondent.

3. Leave is granted and the appeal is heard insofar as the award of back wages is concerned.

4. The respondent was engaged on daily wages as Helper on 1.8.1994. He worked up-to 17th October, 1995 when his services were dispensed with. According to the appellant he did not work continuously during that period and he was frequently remaining absent from duty for which a show cause notice (Ext. M.1) was issued to him. It is an undisputed fact that no retrenchment compensation or one month s notice or pay in lieu thereof was offered to the appellant. On the admission of MW 1 that the workman rendered duty for 340 days during the year preceding the date of termination, the learned Presiding Officer of the Labour Court held that the termination was illegal, being contra





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