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2010 Supreme(All) 3001

ARUN TANDON
NAGAR PALIKA – Appellant
Versus
BALRAM – Respondent


Advocates:
Counsel :
Haji Iqbal Ahmad and N.B. Nigam for the Petitioner; S.C. for the Respondents.

JUDGMENT

Hon’ble Arun Tandon, J.—In view of the office report dated 31.8.2010, service upon respondent No. 1 is deemed sufficient under Chapter-VIII Rule 12 of the High Court Rules.

2. The Nagar Palika Parishad, Shahjahanpur has filed this petition against an award of the Labour Court dated 25th May 1987, whereby the reference made under Section 4-K of the U.P. Industrial Disputes Act by the State Government, which was registered as Adjudication Case No. 15/1985, has been answered in favour of the workman and against the employers.

3. The award is being challenged before this Court on the ground that in Nagar Palika Parishad requisite number of Tax Collectors were not available. Therefore, with the permission of the Commissioner, on year to year basis, appointments of Tax Collector was made. Under last permission approval granted by the Commissioner, with reference to his power under Section 70 of the Nagar Palika Adhiniyam, expired on 30th June, 1978. Therefore, a letter was forwarded seeking further sanction, for extension of the appointment, to the Commissioner. The Commissioner did not extend the permission for temporary appointment. Therefore, under an order dated 17th August,









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