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2008 Supreme(All) 2186

SHISHIR KUMAR
BRIJ KISHORE CHAUBEY – Appellant
Versus
PRESIDING OFFICER, LABOUR COURT, U. P. , ALLAHABAD – Respondent


Advocates:
Counsel :
Shyam Narain and Sudhanshu Narain for the Petitioners; V.R. Agrawal, Vivek Ratan, Piyush Bhargava, S.C. for the Respondents.

JUDGMENT

Hon’ble Shishir Kumar, J. —This writ petition has been filed by the petitioners against a common award of respondent No. 1 dated 15.5.2002 published on 13.1.2003 in Adjudication Case No. 13/98 to 39/98. The petitioners who were workmen were employed by respondent No. 2 which is an industry under the U.P. Industrial Disputes Act. Each of the petitioners had continuously worked for 7-8 years with respondent No. 2. Their services were illegally terminated by respondent No. 2 on different dates as given in the award of the Labour Court. All the workmen raised industrial dispute and the same was referred under Section 4-K of the Industrial Disputes Act to the Labour Court. The Labour Court consolidated all the cases and one set of evidence was led by the parties in leading case i.e. Adjudication Case No. 13 of 1998.

2. There is no dispute between the workmen and the employer that workmen worked for 7-8 years under respondent No. 2. The only dispute is that while workmen alleged to have worked continuously more than 240 days in a year, the employer alleged that workmen did not work for more than 240 days. In the counter affidavit the respondents have alleged that employers were wi


































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