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2014 Supreme(All) 1857

SUNITA AGARWAL
INDIAN FARMERS FERTILIZER COOPERATIVE LTD. ALLAHABAD – Appellant
Versus
PRESIDING OFFICER, LABOUR COURT (U. P. ) ALLAHABAD – Respondent


Advocates:
Counsel :
Vijay Ratan Agrawal and Vivek Ratan for the Petitioner; C.S.C., Ashok Mehta, Kritika Singh and Gautam Chaudhary for the Respondents.

JUDGMENT

Hon’ble Mrs. Sunita Agarwal, J.—Heard Sri Vivek Ratan, learned counsel for the petitioner, Sri Ashok Mehta, learned Senior Counsel assisted by Sri Gautam Chaudhary, learned counsel appearing for respondent No. 3 and learned Standing Counsel.

2. The present writ petition arises out of an award dated 20.6.2007 passed by the Presiding Officer, Labour Court (U.P.), Allahabad in Adjudication Case No. 28 of 2007. An industrial dispute was raised by respondent No. 3-workman on the ground that his services have been illegally terminated by the petitioner employer and he was an employee of IFFCO the petitioner and not of contractor M/s. H.S. Construction, respondent No. 4. The State Government referred the dispute to the Labour Court for adjudication as under :

“whether the termination of services of workman, Sri Manoj Kumar Kumar Gupta, ‘Data Entry Operator’ with effect from 3.6.1999, by the employer is justified and/or legal? If not, then to what relief and compensation, the workman is entitled and its effect?”

3. In reference, the name of the petitioner M/s. Indian Farmers Fertilizer Cooperative Ltd., Phulpur, Allahabad and the contractor M/s. H.S. Construction, Pure Maharat, Phu














































































































































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