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1999 Supreme(All) 1170

YATINDRA SINGH
U. P. JAL NIGAM, LUCKNOW – Appellant
Versus
PRESIDING OFFICER, LABOUR COURT, U. P. , KANPUR – Respondent


Advocates Appeared:
S.M.H.Zaidi, SABHAJEET YADAV

YATINDRA SINGH, J.

( 1 ) IS a notice, under the prescribed proforma, to the State Government before retrenchment of a workman mandatory ? Should the retrenchment compensation be actually paid before retrenchment, or tendering the amount or information to the workman to collect the amount is sufficient compliance of the retrenchment? These, amongst the other questions, are involved in this writ petition. This is how they arise. FACTS

( 2 ) SR! Ashiq All (the contesting respondent) was appointed as a helper In a pumping station on dally wages on 2. 2. 1990 in U. P. Jal Nigam (the Nigam for short ). Subsequently, a decision was taken on 20. 5. 1991 by the Chairman of the Nigam that there are surplus persons working in the nigam and persons appointed on dally wages after 31. 8. 1989 be retrenched. In pursuance of the decision, the services of the contesting respondent was retrenched on 20. 7. 1991. According to the Nigam, a notice was issued to the contesting respondent but could not be served as he was absent from his working place and it was pasted there (at his working place ). Thereafter, the notice was sent by the registered post on 21. 7. 1991 and retrenchment compensation was als
















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