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2004 Supreme(All) 2167

RAKESH TIWARI
Brij Pal Singh – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
Bharti Sapru, Kavin Gulati, SUDHIR CHANDRA, Y.K.Sinha,

RAKESH TIWARI, J.

( 1 ) HEARD Counsel for the parties and perused the record.

( 2 ) THIS writ petition has been filed by the petitioners against the award dated 22. 10. 1991 in adjudication Case No. 32/90 passed by the Labour Court (II), U. P. , Meerut.

( 3 ) PETITIONER No. 1 was employed as Seasonal Weighment Clerk in Mawana Sugar Works, mawana, District Meerut during the seasons 1982-83 to 1985-86. According to the petitioner-workman he was not employed in the season of 1986-87, which started w. e. f. 24. 10. 1986. He raised an industrial dispute which was referred to the aforesaid Labour Court.

( 4 ) THE case of the employers before the Labour Court was that the petitioner-workman was employed in the season of 1985-86 from 1. 1. 1986 to 13. 3. 1986. The season of 1985-86 lasted on 4. 4. 1986. Thus, the workman did not work for full season or in the later half of the aforesaid season of 1985-86, He also did not report for duty in the next season of 1986-87. It was further the case of the employers that the workman did not get his licence forwarded for renewal through the employers.

( 5 ) THE Labour Court framed seven additional issues and held on the basis of oral evidence that it



















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