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2008 Supreme(All) 243

D.P.SINGH
MUIR MILLS, KANPUR – Appellant
Versus
PRESIDING OFFICER, LABOUR COURT-(IV), KANPUR. – Respondent


Advocates:
Counsel :
Devendra Pratap Singh for the Petitioner; R.N. Kushwaha, A.K. Gautam, S.C. for the Respondents.

JUDGMENT

Hon’ble D.P. Singh, J.—Heard learned Counsel for the petitioner and Sri R.N. Kushwaha holding brief of Sri A.K. Gautam, learned Counsel for respondent No. 2.

2. This writ petition is directed against the order dated 1.9.2006 allowing the application of the workman under Section 33-C(2) of U.P. Industrial Disputes Act, 1947.

3. The petitioner Mill was earlier a private enterprise but when it closed down, firstly its Management was taken over and thereafter the Mill was nationalised under the Sick Textile Undertaking (Nationalization) Act, 1974. The effect of nationalization was that the petitioner Mill along with its entire property stood vested in the Central Government under Section 3 (1) of the Nationalisation Act and under Section 3 (2), it stood transferred and vested in the Nationalisation Textile Corporation whereafter it was transferred to its subsidiary known as National Textile Corporation (U.P. Ltd.) with effect from 1.4.1974.

4. The respondent workman was appointed on temporary basis as peon in the petitioner Mill in 1981 but his services were retrenched with effect from 6.9.1983 which led to a reference which was registered as Adjudication No. 318 of 1984. The Labo
















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