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2014 Supreme(Del) 1100

V.KAMESWAR RAO
Shiv Kumar Giri – Appellant
Versus
Management of M/s. Hotel Siddhartha Continental – Respondent


Advocates Appeared:
For the Petitioner:Anuj Aggarwal with Aarushi Aggarwal, Advocates.
For the Respondents:Raavi Birbal with Nishant Anand, Advocates.

Judgment

V. Kameswar Rao, J.

1. The challenge in this writ petition is to the award dated April 07, 1995 passed by the Labour Court in I.D. No. 198/87 whereby the Labour Court has answered the reference made by the appropriate Government by holding that the petitioner is not entitled to any relief.

2. Suffice would it be to state that the Industrial Dispute was referred by the appropriate Government vide order dated April 21, 1987 in the following terms:

“Whether the termination of services of Sh. Shiv Kumar Giri is illegal and/or unjustified and if so, to what relief is he entitled and what directions are necessary in this respect?

3. It was the case of the petitioner that he was in the employment of the respondent-Hotel as an Electric Helper and his last drawn salary was Rs.475/- per month. With effect from May 02, 1984, he proceeded on leave after getting the same sanctioned, but, he fell seriously ill for which an application was sent to the respondent with the request to extend the leave, which the respondent did. Soon after his recovery from the illness, he resumed his duties on August 20, 1984 along with the medical certificate/fitness, but, the respondent did not allow him
































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