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2008 Supreme(SC) 260

S.B.SINHA, HARJIT SINGH BEDI
Ghaziabad Development Authority – Appellant
Versus
Ashok Kumar – Respondent


judgment

S.B. Sinha, J. –

1.Leave granted.

2. Appellant is an authority constituted under the Uttar Pradesh Urban Planning and Development Act, 1973 (Act). It is a Local Authority within the meaning of the General Clauses Act, 1897.

3.For its various projects, it appoints daily wagers on an ad hoc basis. Respondent herein was appointed by the Authority on 1.4.1988 as an Amin. Appellant contends that he was appointed on a periodical basis depending on the order of sanction issued by the State of Uttar Pradesh from time to time. On the premise that the sanction for the said appointment was granted only upto 30.3.1990, he was disengaged from services.

An industrial dispute was raised by the respondent. The State made a reference for adjudication thereof by the Presiding Court, Labour Court, U.P., Ghaziabad which is to the following effect;

“Whether the disengagement/deprivation, by the employers, of their workman Shri Ashok Kumar s/o Mahipal Singh, Amin from the work with effect from 1.5.1990 is proper and lawful? If not, what benefit/reliefs the workman concerned is entitled to get, along with any other particulars?”

3.Before the Labour Court, first respondent contended that since his dat
























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