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2007 Supreme(P&H) 2129

ADARSH KUMAR GOEL, KANWALJIT SINGH AHLUWALIA
Ashok Kumar – Appellant
Versus
Presiding Officer – Respondent


Judgment

Adarsh Kumar Goel, J.

1. This order will dispose of C.W.P. No. 2034 of 2007 and C.W.P. No. 8802 of 2007.

2. In C.W.P. No. 8802 of 2007, filed by the Municipal Corporation, Faridabad, award dated 29.11.2005, Annexure P-3 has been challenged to the extent of direction for reinstatement of the workman with 20% backwages.

3. In C.W.P. No. 2034 of 2007 filed by the workman, challenge is to denial of full backwages in the said Award.

4. Case of the workman was that he worked as Tube-well Operator from 26.9.1995 to 3.4.1996 when his services were terminated without following any procedure. He filed a suit for injunction against the order of termination, which was also dismissed and appeal was also dismissed. Thereafter, he raised an industrial dispute.

5. The management contested the claim pointing out that the Municipal Corporation was statutory body and provisions of Section 25-F of the Industrial Disputes Act. 1947 (for short, "the Act") were not attracted having regard to nature of appointment of the workman.

6. The Labour Court held that the workman having worked for more than 240 days, termination of his services in violation of Section 25-F of the Act, was void and the work






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