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2007 Supreme(SC) 240

MARKANDEY KATJU, S.B.SINHA
Uttranchal Forest Development Corporation – Appellant
Versus
M. C. Joshi – Respondent


JUDGMENT

S.B. Sinha, J. — Leave granted.

2. Appellant (Corporation) herein is a Corporation incorporated under U.P. Forest Development Corporation Act. It is a successor of the UP Forest Corporation. It engages seasonal workers as and when any requirement arises therefor. Respondent was employed as a daily wager by the Corporation on or about 1.8.1989. His services were terminated on 24.11.1991. He allegedly completed 240 days’ of continuous work in a period of twelve months preceding the order of termination. He did not raise any industrial dispute for a long time. He approached the Conciliation Officer on or about 2.9.1996 i.e after a period of about 6 years. Conciliation effort between the parties having failed, a reference was made by the State of Uttranchal for adjudication of the following dispute to the Labour Court.

“Whether dispensation with the services of Shri Mohan Chand Joshi son of Sh. N.B. Joshi, Field Assistant w.e.f. 24.11.1991 by the employer is valid and/or legal? If not, what benefit/damages along with other benefits the workman is entitled for.”

3. By reason of an award dated 28.4.2003, the Labour Court opining that the appellant herein contravened the provision


















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