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1993 Supreme(All) 180

M.L.BHAT
TANNERY AND FOOTWEAR CORPORATION OF INDIA LTD. – Appellant
Versus
LABOUR COURT – Respondent


Advocates Appeared:
SANDEEP SAXENA

M. L. BHAT, J.

( 1 ) THE award of the Labour Court II, Kanpur dated November 29, 1990 is prayed to be quashed in this petition. The said award has directed reinstatement of the respondent No. 2 after recognising him as a workman and has also directed to regularise his services from December 17, 1985. He is entitled to get back wages also. A reference seems to have been made to the labour Court to consider whether the termination of the service of the respondent No. 2 with effect form November 5, 1983 was proper and legal. If the termination is not treated proper and legal, what is the relief available to him? On proof of the claim of the respondent No. 2, was he entitled to work as Machine Operator and get wages of the said post and could he be regularised on the said post, if so, from which date and on what terms?

( 2 ) FROM the record it is revealed that the respondent No. 2 was enrolled as an apprentice under the Apprenticeship Act of 1961 (hereinafter called as the Act of 1961) on November 5, 1981. The period of training was two years and in terms of the provisions of the Act on completion of training a certificate was issued to the respondent No. 2. The terms and conditions of


















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