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2003 Supreme(All) 2800

RAKESH TIWARI
U. P. POWER CORPORATION LTD. – Appellant
Versus
YOGENDRA KUMAR – Respondent


Advocates Appeared:
B.D.Mandhyan, Ranjit Saxena, S.C.SRIVASTAVA

RAKESH TIWARI, J.

( 1 ) THIS writ petition is directed against the impugned award dated 14. 2. 2000 passed by the labour Court, U. P. , Agra, in Adjudication Case No. 120 of 1997 directing the petitioner to regularize respondent No. 1 in service from the date of reference, i. e. , 2,9. 1997 and pay him Rs. 5,000 as damages and also give him promotion since 31. 12. 1979, the date on which he was alleged to have been terminated with all the consequential benefits.

( 2 ) THE State of U. P. made the following reference to the Labour Court, U. P. , Agra for adjudication of dispute :. . (Vernacular Text Deleted ). .

( 3 ) THE case of the respondent-workman in his written statement filed before the Labour Court was that he was taken in service on 24. 3. 1977 as a daily wage coolie and he worked as such upto 31. 12. 1979. On 31. 12. 1979 he was retrenched without giving any charge sheet, notice or retrenchment compensation. He also stated that he had completed 240 days in a year.

( 4 ) IN its written-statement the petitioner denied the claim of the respondent-workman, inter alia, stating that he was never employed nor he had worked in its organization and as such there was no relation of e
































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