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2020 Supreme(All) 447

SANGEETA CHANDRA
Superintending Engineer, Faizabad Circle – Appellant
Versus
Presiding Officer, Labour Court, U. P. , Faizabad – Respondent


Advocates:
Advocate Appeared:
For the Respondent: C.S.C., Kailesh Nath Tewari,Y.S. Lohit

JUDGMENT :

1. Heard learned counsel for the petitioners and learned counsel for the respondents.

2. These writ petitions have been taken up together by this Court as they relate to the question whether an Industrial Adjudication case could have been entertained by the Labour Court on reference being made to it regarding daily wage workmen engaged by the Public Works Department on muster roll and whether the Public Works Department of the State of U.P. can be considered to be an industry under the Industrial Disputes Act.

3. The facts, in brief, of each of these writ petitions are being stated here in below.

4. Writ Petition No.6548 (MS) of 2010 challenges an order passed by the respondent no.1 dated 29.1.2009 in Adjudication Case No.16 of 1998 (Krishna Prasad versus Superintending Engineer, Faizabad Circle, Faizabad and others) whereby the respondent no.1 has issued directions that respondent no.3 shall be entitled to reinstatement and all service benefits. In this petition, Krishna Prasad was initially engaged as a Beldar on daily wage basis in 1981 and disengaged after November, 1989. After seven years of such disengagement, he approached the Deputy Labour Commissioner, Faizabad Regi

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