SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2004 Supreme(All) 121

RAKESH TIWARI
U. P. Avas Evam Vikas Parishad – Appellant
Versus
Labour Court (2), U. P. , Kanpur – Respondent


Advocates:
Counsel for the Petitioners: Pankaj Mithal.
Counsel for the Respondents: Arun Kumar Gupta and S.C.

ORDER

Rakesh Tiwari, J.—Heard counsel for the parties and perused the record.


2. This writ petition has been filed by U. P. Avas Evam Vikas Parishad challenging the award dated 9.4.1999 published in 5.7.1999 holding the termination of services of respondent Rekha Gupta as illegal and reinstated her with full back wages and continuity of service.

3. The case of respondent Rekha Gupta was that she was initially employed as apprentice under the Apprentice Act from 5.6.1989 to 4.6.1990 as a clerk-cum-typist. On completion of apprenticeship she was appointed on a salary of Rs. 682 per month on 5.6.1990. When she demanded for regular salary her services were terminated on 1.9.1992 without giving any charge sheet or complying with the provisions of Section 6N of the U. P. Industrial Disputes Act.

4. Admittedly she is a handicapped lady. The case of the petitioner-Parishad is that the Parishad has framed rules for recruitment. The respondent was appointed as a daily wager on need based work, hence her termination was not retrenchment and compliance of Section 6N of the U. P. Industrial Disputes Act was not necessary.

5. The counsel for the petitioner submits that the provisions of Sect







Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top