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2012 Supreme(All) 2874

DEVENDRA PRATAP SINGH
STATE OF U. P. – Appellant
Versus
KAMLESH KUMAR TRIPATHI – Respondent


Advocates:
Counsel :
Shekhar Kumar and S.C. for the Petitioners; Mustqeen Ahmad, P.K. Pandey and S.C. for the Respondents.

JUDGMENT

Hon’ble Devendra Pratap Singh, J.—Heard learned counsel for the petitioners and perused the record.

2. However, none appears for the respondents even in the revised list though the names of Sri Mustqeem Ahmad and Sri. P.K. Pandey are shown in the cause list.

3. Since there is a direction from Hon’ble the Apex Court dated 30.7.2012 for disposing off the writ petition itself expeditiously the Court is proceeding to dispose off the writ petition under the Rules of the Court.

4. Brief facts are that the respondent workman was engaged as a daily wager driver in the petitioner establishment from 1.4.1992 and he continuously worked for 240 days in each year but he was disengaged w.e.f. 30.5.1998 without any notice or compensation when he raised a demand for regularization. He approached the Conciliation Officer in 2007 but upon a failure report the State Government referred it as an industrial dispute to the Industrial Tribunal, Allahabad which registered it as Adjudication Case No. 64 of 2007. The petitioners contested the claim inter alia stating that it was a stale dispute and ought not to have been referred. It further alleged that the workman was only a daily wager who was en












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