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2008 Supreme(SC) 1712

S.B.SINHA, CYRIAC JOSEPH
Laxmi Rattan Cotton Mills Ltd. – Appellant
Versus
State of U. P. – Respondent


JUDGMENT

S.B. SINHA, J :

1. Leave granted.

2. Principles governing grant of back wages is the question involved in this appeal which arises out of a judgment and order dated 17.07.2006 passed by the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 22003 of 1999.

3. Appellant used to run a cotton mill. It was taken over in 1976 by National Textile Corporation which was established by the Central Government for augmenting the textile sector and to ensure and facilitate the production and distribution of cloth at affordable price.

4. Respondent Nos. 2, 7, 5, 3, 4 and 6 were engaged as trainee investigators on the basis of the applications submitted to the General Manager of the Mills on 29.07.1980, 10.03.1981, 21.11.1980, 02.01.1981, 10.01.1981 and 30.03.1981, respectively. Appointments were made on monthly stipends. One of the terms and conditions in the letter of engagement as a trainee investigator reads, thus:

"4. That the management shall have no obligation whatsoever to provide you any job in these Mills after completion of the said period of training."

5. Although no assurance was given to them that on completion of the training they would be appointed
















































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