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2023 Supreme(All) 351

KSHITIJ SHAILENDRA
Joint Director Agriculture Extension – Appellant
Versus
Chhote Lal – Respondent


Advocates Appeared:
For the Petitioner: Vivek Shandilya, C.S.C.
For the Respondent: Rudra Pratap Singh, Anil Kumar Yadav, Sudhanshu Narain.

JUDGMENT :

The Challenge

1. The Joint Director Agriculture (Extension), Gorakhpur Division, Gorakhpur, Project Officer (Agriculture) under the District Agriculture Officer, District Basti and the Block Development Officer, Farinda, District Maharajganj, as co-petitioners, have filed the present writ petition challenging the impugned award dated 30.11.2015, published on 28.03.2016, passed by the Presiding Officer, Labour Court, Gorakhpur in Adjudication Case No.75 of 1999.

Writ Petition

2. As per the pleadings contained in the writ petition, the respondent Chhote Lal (hereinafter referred to as the "workman") was temporarily engaged in the year 1986-87 under the Rice Scheme as an internal arrangement as Kamdar/Chowkidar and when the Rice Scheme was abolished, the continuity of 96 Kaamdars/Chowkidars was cancelled by the Government Order dated 17.10.1987 and, thereafter, the services of the workman were terminated after giving him a notice dated 01.08.1988. Thereafter, under the order dated 11.05.1999 passed by the Deputy Labour Commissioner, Gorakhpur, an industrial dispute was referred to the Labour Court, U.P., Gorakhpur to examine the question as to whether the termination of the wor

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