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2003 Supreme(All) 2639

ANJANI KUMAR
NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY – Appellant
Versus
PRESIDING OFFICER, LABOUR COURT – Respondent


Advocates Appeared:
A.K.Sinha, U.S.Awasthi

ANJANI KUMAR, J.

( 1 ) HEARD learned counsel appearing on behalf of the petitioner and the learned standing counsel for the contesting respondents.

( 2 ) PETITIONER-NEW Okhla Industrial Development Authority, Ghaziabad aggrieved by the award of the labour court, Ghaziabad dated 30th June, 1987, passed in Adjudication Case No. 122 of 1985, copy whereof is annexed as Annexure-4 to the writ petition, approached this Court by means of present writ petition under Article 226 of the Constitution of India.

( 3 ) THE following dispute was referred to the labour court for adjudication :

"kya sewayojkon dwara apne shramik Sukh Pal Singh (putra Sri Balle Ram), mali ki sewayen dinak 7. 9. 1983 se samapt kiya jana uchit tatha/athwa Vaidhanik hai? Yadi nahi, to sambandhit shramik kya labh/anutosh (Relief) pane ka adhikari hai, tatha anya kis vivrdn sahit?"

( 4 ) PURSUANT to the notice issued by the labour court, the parties have exchanged their pleadings and also adduced evidence, as they desire to adduce. In short, the case set up by the workman was that he was appointed by the petitioner-employers on 1st October, 1978 in the capacity of mali. Thereafter, in February, 1980 he was transferred to G







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