Back
G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Sukhbir Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. G.S. Sandhawalia, J. - CM-266-LPA-2022
Application for condoning the delay of 1311 days in re-filing the appeal is allowed, in view of the averments made in the application, duly supported by affidavit. Delay of 1311 days in re-filing the appeal is hereby condoned.
CM stands disposed of.
LPA-1203-2021 (O&M)
Consideration in the present appeal is to the order passed by the learned Single Judge dated 09.11.2017 passed in CWP-16769-2002 titled State of Haryana v. Sukhbir Singh & another wherein the writ petition filed by the State was allowed and the Labour Court award dated 25.02.2002 (Annexure P-6) which was in favour of the workman to the extent that reinstatement had been directed with continuity of service and full back wages from the date of the demand notice was set aside.
2. The learned Single Judge was of the view that in view of the provisions of Section 2 (oo)(bb) of the Industrial Disputes Act, 1947 (for short, the 'Act') and while placing reliance upon the judgment of the Apex Court in Bhavnagar Municipal Corporation v. Salimbhai Umarbhai Mansuri , 2013 (14) SCC 456 it could not be said to be an act of retrenchment and it was only on completion of the tenure se
The main legal point established in the judgment is that the termination of services was illegal and unjustified, and the principles of 'last come, first go' were not followed. The court also emphasi....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
