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