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1994 Supreme(SC) 181

J.S.VERMA, KULDIP SINGH
Surya Prasad Singh – Appellant
Versus
Labour Court Ii, Kanpur – Respondent


(1) THE appellant was employed as an apprentice with the respondent-corporation. He was on a two years tenure with effect from 5/11/1981. In March 1982 he was made to work on Tung Machine in C grade job against a clear vacancy which occurred due to the transfer of the incumbent who was working in the said job. The Divisional Manager (Personnel) recommended the case of the appellant for regularisation. The corporation, however, terminated the services of the appellant on 5/11/1983. The dispute was referred for adjudication under the U.P. Industrial Disputes Act, 1947. The Labour court by its award dated 29/11/1990 set aside the order of termination, directed the reinstatement of the appellant to the post of Tung Machine operator with back wages and a further direction that he be made permanent with effect from 17/12/1985. The corporation challenged the award of the Labour court by way of a writ petition before the High court. The High court allowed the writ petition, set aside the award of the Labour court and upheld the termination of the appellant. This appeal by way of special leave is against the judgment of the High court.

(2) THE High court primarily dealt with







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