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2008 Supreme(SC) 151

ARIJIT PASAYAT, S.H.KAPADIA
Krishi Utpadan Mandi Samiti, Achanera – Appellant
Versus
Vinod Kumar – Respondent


judgment

Dr. Arijit Pasayat, J. —

1.Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court allowing the writ petition filed by the respondent and dismissing the review petition filed by the present appellant.

2.The factual scenario need not be referred to in detail. In a nutshell the position is as follows:

Respondent aggrieved by an award of the Labour Court dated 20.2.2003 filed a writ petition under Article 226 of the Constitution of India, 1950 (in short ‘Constitution’). The dispute which was referred to before the Labour Court for adjudication read as follows:

“Whether termination of services by the employers of their workman Shri Vinod Kumar, S/o Shri Shiv Charan Lal, Mandi Assistant w.e.f. 10.01.1998 is legal and/or valid? If not, then to what relief or benefit the workman is entitled to get?”

3.The Labour Court after issuance of the notice to the parties held that the Subzi Mandi was not an industry and further the workman had been appointed for 89 days on ad hoc basis. The said award was challenged before the High Court. The matter was listed on 27.8.2003 for the first time and on that date the judgment was reserved and delivered





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