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2008 Supreme(All) 1421

RAKESH TIWARI
DISTRICT PANCHAYAT (ZILA PARISHAD) KANPUR DEHAT – Appellant
Versus
PRESIDING OFFICER, LABOUR COURT-4, KANPUR NAGAR – Respondent


Advocates:
Counsel :
A.K. Sachan for the Petitioner; Bhoopendra Nath Singh, S.C. for the Respondents.

JUDGMENT

Hon’ble Rakesh Tiwari, J.—Heard counsel for the parties. They have submitted their written arguments and case laws.

2. This petition has been filed challenging validity and correctness of the award dated 8.3.1995 passed by the labour Court in adjudication case No. 90 of 1993.

3. Services of respondent No. 2-workman are claimed to have been illegally terminated with effect from 1.1.1990, in respect of which he raised an industrial dispute which was referred by the State Government to the labour Court where it was registered as adjudication case No. 90 of 1993.

4. Case of the workman before the labour Court was that he was appointed in 1963 by Zila Parishad, Kanpur on the post of Pond Moharrir. He continuously worked upto 31.12.1989 and his services have been illegally terminated without any reason with effect from 1.1.1990.

5. It appears from the award that the employers in spite of service of notices/summons through registered post, neither filed written arguments nor appeared in the proceedings before the labour Court in the aforesaid adjudication case. The workman filed his written statement and gave his evidence.

6. The labour Court therefore appears to have proceeded under R






























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