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2011 Supreme(SC) 404

G.S.SINGHVI, ASOK KUMAR GANGULY
Devinder Singh – Appellant
Versus
Municipal Council, Sanaur – Respondent


Advocates appeared:
Roshan Lal Batta, Sr. Adv., Shikha Roy Pabbi, Ajit Kumar and S.K. Sabharwal, Advs.
Sanjay Jain, Adv.

JUDGMENT

G.S. Singhvi, J.

1. Leave granted.

2. This appeal is directed against the order passed by the Division Bench of the Punjab and Haryana High Court in the writ petition filed by the Respondent whereby the award passed by Labour Court, Patiala (for short, "the Labour Court") for reinstatement of the Appellant was set aside and it was declared that he shall be entitled to wages in terms of Section 17B of the Industrial Disputes Act, 1947 (for short, "the Act").

3. The Appellant was engaged by the Respondent with effect from 1.8.1994 for doing the work of clerical nature. He was paid consolidated salary of Rs. 1,000/- per month. He continued in the service of the Respondent till 29.09.1996. His service was discontinued with effect from 30.9.1996 without giving him notice and compensation as per the requirement of Section 25F of the Act.

4. The Appellant challenged the termination of his service by raising an industrial dispute, which was referred by the State Government to the Labour Court. In the statement of claim filed by him, the Appellant pleaded that he had continuously worked in the employment of the Respondent from 1.8.1994 to 29.9.1996; that his service was terminated witho



















































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