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2021 Supreme(All) 790

AJAY BHANOT
Shanti Swaroop Krishi Inter College – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shesh Kumar Srivastava
For the Respondent: Akshat Sinha, Saroj Kumar Yadav, Yogesh Kumar Sinha

JUDGMENT :

1. The petitioner has assailed the award passed by the Lok Adalat in this writ petition.

2. Learned counsel for the petitioner Shri Shesh Kumar Srivastava submits that the award is beyond jurisdiction. The Utter Pradesh Industrial Disputes Act is not applicable to the facts of this case. He relies on the law laid down by the Supreme Court in Ghaziabad Zila Sahkari Bank Ltd. Vs. Addl. Labour Commissioner and others, 2007 (11) SCC 756, and the judgment of this Court rendered in Sikta Mahoogarh Sadhan Sahkari Samiti Ltd. Vs. Prescribed Authority under the Payment of Wages Act, 1936 and others, (2014) 4 UPLBEC 3246.

3. Shri Saroj Kumar Yadav, learned counsel for the respondent contends that the respondent no.5 is a workman within the meaning of Uttar Pradesh Industrial Disputes Act, 1947.

4. The facts material to the adjudication of this case lie in a narrow compass and are undisputed.

5. The respondent no. 5 was appointed as Class IV employee in the petitioner Institution. The petitioner Institution is an intermediate college which is under the grant-in-aid of the Government of U.P. The conditions of service and payment of salary of all employees and staff of the Institution inc

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