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2013 Supreme(All) 2196

SABHAJEET YADAV
CHAIRMAN, TOWN AREA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
A.N. Tripath and Arvind Srivastava for the Petitioners; C.S.C., Brajesh Shukla, G.K. Singh, H.K. Yadav, N.L. Pandey, Smt. Shusma Yadav and Yatindra Dubey for the Respondents.

JUDGMENT

Hon’ble Sabhajeet Yadav, J.—Heard Sri Arvind Srivastava, learned counsel for the petitioner and Sri G.K. Singh, learned Senior counsel assisted by Sri Brajesh Shukla for respondent-workman.

2. By this petition, the petitioner i.e. Town Area Committee, Talbehat, District Lalitpur has challenged the award dated 2.3.1998 passed by Labour Court Ist Uttar Pradesh Kanpur in Adjudication Case No. 122 of 1993 which was between Chairman, Nagar Kshetra Samiti Talbehat, Lalitpur and Sri Brijesh Kumar Batta S/o Bhagwat Narain Batta-workman. By seeking amendment in the writ petition the petitioner has also challenged the order dated 28.5.1993 passed by Deputy Labour Commissioner, Jhansi whereby the industrial dispute was referred under the provisions of U.P. Industrial Disputes Act, 1947 to the Labour Court, Kanpur to the effect that as to whether the termination of services of workman Brijesh Kumar Batta as clerk w.e.f. 1.8.1992 was justified, legal or not? If not, for which relief the workman was entitled to? Before the Labour Court the workman respondent No. 3 in his written statement had stated that he was working as clerk in the establishment of the petitioner w.e.f. 20.8.1989 and


































































































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