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2022 Supreme(All) 1475

YASHWANT VARMA
Taj Rhein Shoes Company Limited – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Diptiman Singh.
For the Respondent: C.S.C., Monika Arya and Sarwar Ali Siddique.

JUDGMENT :

Yashwant Varma, J.

Heard Sri Diptiman Singh, learned counsel for the petitioner and Sri Piyush Shukla, learned Standing Counsel. Although the respondent workman is duly represented, none has appeared when the matter was called.

2. The petitioner assails the validity of the award dated 11 May 2017 in terms of which the Labour Court has answered a reference in favour of the respondent workman. It has proceeded to annul an order of 31 March 1996 which it has recognized to be one of retrenchment and directed payment of full back wages.

3. According to the petitioner, the respondent workman was appointed as a Stitcher (Trainee) in terms of a letter of appointment dated 21 March 1995. The aforesaid appointment order further provided that he would be appointed with effect from 01 April 1995. The appointment letter further prescribed that the respondent workman would be on probation for a period of six months and during this period, his services would be terminable without any notice. The appointment letter further stipulated that on the expiry of the period of probation, the respondent workman would be confirmed in service in accordance with an order made in writing to that effect

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