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2000 Supreme(SC) 1807

S.N.VARIAVA, S.RAJENDRA BABU
Deep Chandra – Appellant
Versus
State Of U. P. – Respondent


S.RAJENDRA BABU, J.

(1) THIS appeal is directed against an order made by the High Court quashing the award made by the Labour Court. A dispute was raised by the appellant on the ground that though he had put in more than 240 days in each year of service from the year 1982 to 1988, he had been retrenched without following the procedure prescribed under Section 25-F of the Industrial Disputes Act. The Tribunal, therefore, on adjudication came to the conclusion that termination of service of the appellant is bad and in particular noticed that persons who had been employed subsequent to the appellant have been continuing in service, whereas the services of the appellant had been put to an end to. In the circumstances the Labour Court made an award granting the reinstatement with back-wages and other consequential benefits that may flow from it. Writ petition was filed against the order before the High Court.

(2) THE High Court approached the matter rather strangely as it went at a tangent to consider not only whether the casual workers services can be put to an end to but if the award made by the Labour Court would make him permanent employee, so on and so

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