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2003 Supreme(SC) 634

SHIVARAJ V.PATIL, D.M.DHARMADHIKARI
Bharat Heavy Electrical LTD. – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT

Shivaraj V. Patil, J.-Respondent Nos. 6-19 (in the writ petition before the High Court) were engaged as Gardeners (Malis) to sweep, clean and maintain and look after the lawns and parks inside the factory premises and the campus of the residential colony of the appellant through the agency of respondent Nos. 3-5. Their services were terminated on 1.12.1988. They raised industrial disputes before the Labour Court. The appellant took up a plea that they were never employed by it and it was not liable to pay any amount of compensation or to reinstate them in service. The Labour Court, on consideration of respective contentions and the evidence placed before it, passed the award dated 5.7.1996 directing to re-employ them and for payment of compensation of Rs. 15,000/- each for non-compliance of the provisions of Section 6-N of Uttar Pradesh Industrial Disputes Act, 1947 (for short the Act ) besides ordering Rs. 500/ as costs to each one of them. Aggrieved by the award, the appellant filed Civil Misc. Writ Petition No. 2109 of 1997 before the High Court. On 30.11.1998, Deputy Labour Commissioner issued a certificate to the Collector for recovery of Rs. 2,17,000/-. Challenging t



























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