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2009 Supreme(All) 530

TARUN AGARWALA
U. P. COOPERATIVE BANK LTD. , KANPUR – Appellant
Versus
PRESIDING OFFICER, LABOUR COURT, KANPUR – Respondent


Advocates:
Counsel :
Abhishek Mishra and K.N. Mishra for the Petitioner; P.K. Sinha for the Respondents.

JUDGMENT

Hon’ble Tarun Agarwala, J.—The workman was appointed as a “Sahyogi” by an order dated 2.2.1984 for a fixed period till 31.3.1984 @ Rs. 10.77 per day. After the expiry of the period, fresh appointment orders were again issued for a fixed period and, in this manner, the workman continued to work without any break in service. By an order of 15.5.1984, the petitioner fixed the pay of the workman @ Rs. 245.00 per month plus dearness allowance and housing allowance. According to the workman, this was an order of regularisation which was passed after interviewing him and which was also approved by the U.P. Cooperative Institutional Services Board. On the other hand, the petitioner has refuted this allegation, and contends that the petitioner continued to issue short-term appointment letters and that the last appointment letter issued to the workman, was dated 2.11.1985 which was till 31.3.1985. The workman worked till 31.3.85, and thereafter, no further extension was given and, in this manner, the services of the workman came to an end automatically after 31.3.1985.

2. The workman, being aggrieved by the removal of his services, raised an industrial dispute which was referred to t




























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