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2004 Supreme(All) 2330

V.C.MISRA
STATE OF U P – Appellant
Versus
PRESIDING OFFICER LABOUR COURT VARANASI – Respondent


Advocates Appeared:
D.P.SINGH, R.K.Avasthi,

V. C. MISRA, J.

Heard Sri R. K. Awasthi learned Standing Counsel on behalf of the petitioner and Sri D. P. Singh learned counsel for the workman-respondent No. 2.

The present writ petition is directed against the award passed by the Presiding Officer, Labour Court dated 28-5-1997, which was published on notice board on 27-10-1997 by which the workman was reinstated along with continuity in service with minimum pay scale from the date of termination of service, i. e. , 1-9-1989 till date of reinstatement. It was further directed that other benefit for which the workman was entitled from time to time shall also be paid to him.

2. The facts of the case in brief are that the workman-respondent No. 2 had been working with the petitioner since 1-7-1986. His services were terminated with effect from 1-9-1989. An industrial dispute was raised and Adjudication Case No. 203/1992 was registered before the labour Court-respondent No. 1. The workman filed his written statement stating therein that he has been working since 1-7-1986 till 31-8-1989 as a muster roll employee continuously but without any reason his services were terminated with effect from 1-9-1989 without giving any retrenchment a












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