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2009 Supreme(All) 1641

RAKESH TIWARI
STATE OF U. P. – Appellant
Versus
PRESIDING OFFICER/LABOUR COURT, RAMPUR – Respondent


Advocates:
Counsel :
Sandeep Mukherjee, D.N. Mishra, S.C. for the Petitioner; P.C. Singh, B.N. Singh, Mahendra Bahadur Singh for the Respondents.

JUDGMENT

Hon’ble Rakesh Tiwari, J.—Heard learned counsel for the parties and perused the record.

2. By the impugned award dated 23.4.199 the Labour Court has set aside the termination of services of the workman a daily wager w.e.f. 1.9.1989 directing his reinstatement as regular employee of the establishment in service but without back wages.

3. Writ Petition No. 14232 of 2001 has been filed by the State of U.P. through Executive Engineer challenging the validity and correctness of the award dated 23.4.1999 by Presiding Officer, Labour Court Rampur in adjudication case No. 127 of 1991. The award was enforced by publication on the notice Board of the Court on 25.7.1999 and became operative after expiry of 30 days thereafter in accordance with the provisions of contained in Section 6-A of the U.P. Industrial Disputes Act 1947 (hereinafter referred to as ‘U.P. I.D. Act 1947’).

4. Writ Petition No. 8458 of 2001 has been filed by the workman challenging the part of same award dated 23.4.1999 impugned in Writ Petition No. 14232 of 2001 aforesaid. As the impugned award challenged in both the writ petitions is the same, they are being heard and are being decided by this common judgment as conn






































































































































































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