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2014 Supreme(All) 600

SURYA PRAKASH KESARWANI
STATE OF U. P. – Appellant
Versus
RAJ KUMAR – Respondent


Advocates:
Counsel :
Shekhar Kumar for the Petitioners; Ramesh Sinha, K.M. Asthana and S.C. for the Respondents.

JUDGMENT

Hon’ble Surya Prakash Kesarwani, J.—Heard Sri R.K.Pandey, learned Standing Counsel for the petitioners and Sri K.M.Asthana, learned counsel for the respondents.

2. In this writ petition, the State of U.P. (petitioners) have challenged the award dated 29.9.2000 passed in adjudication case No. 174/1999 and published on 23.1.2001, the order dated 1.10.2007 rejecting the recall application and the order dated 7.5.2009 rejecting another recall application, all passed by the Labour Court (2) U.P. Kanpur as well as recovery certificate dated 24.1.2011 and the citation dated 18.3.2011.

3. Briefly stated the facts of the present case are that the respondent No. 1 raised a labour dispute. Thereupon a reference was made to the Labour Court No. (3), Kanpur on 18.6.1997, which was transferred to Labour Court No. (2), Kanpur on 18.3.1999. The reference was made as under :

“D;k lsok;kstdksa }kjk Jfed Jh jkt dqekj iq= Jh fnyk'kk jke eLVj jksy deZpkjh ¿esVÀ dks fn0 21-8-95 ls dk;Z ls i~Fkd fd;k tkuk mfpr ,oa oS/kkfud gS ;fn ugha rks D;k fgrykHk {kfriwfrZ ikus dk vf/kdkjh gS fdl frfFk ,oa vU; fdl fooj.k ds lkFk\ß

4. According to the petitioners, the respondent No. 1 was engaged on daily wa






































































































































































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