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2008 Supreme(All) 339

JANARDAN SAHAI
TRIVENI GLASS LTD. – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Navin Sinha and Vipin Sinha for the Petitioner; Ramakant Mishra and U.K. Mishra for the Respondents.

JUDGMENT

Hon’ble Janardan Sahai, J.—On the basis of a settlement dated 5.1.2005 between the petitioner M/s. Triveni Glass Limited (hereinafter referred to as the ‘employer’) and its workmen, a dispute was referred to arbitration of the Deputy Labour Commissioner under Section 5-B of the U.P. Industrial Disputes Act. The dispute which was referred was whether the termination of the services of the 50 workmen of Plant No. 1 was justified or legal and if not so what relief the workmen were entitled to. The Deputy Labour Commissioner gave his award dated 30.10.2006 said to have been served upon the petitioner by letter dated 21.9.2007. The Arbitrator found that the services of the workmen were terminated on account of illegal closure of Plant No. 1 without obtaining permission of the State Government under Section 6-W read with Section 6-V of the U.P. Industrial Disputes Act and he directed that the workmen be reinstated with full back wages. Before the Arbitrator, the employer and the employees represented by M/s. Triveni Sheet Glass Workers Union, had filed their respective written statements. The case of the employer was that it has established five different independent plants for





















































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