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2023 Supreme(All) 667

KSHITIJ SHAILENDRA
State of U. P. – Appellant
Versus
Presiding Officer Labour Court U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S.M. Iqbal Hasan
For the Respondent: Bhupendra Nath Singh, Devendra Nath Singh, Dharmendra Kumar Srivastava, Hari Prakash Mishra

JUDGMENT :

1. This writ petition has been filed challenging the award dated 01.04.2015 passed in Adjudication Case No. 77 of 2006 (Executive Engineer vs Krishna Murari Sharma) published on 04.11.2015 by the Presiding Officer, Labour Court, Bareilly (herein-after referred to as the “Labour Court”).

Facts of the Case

2. The facts of the case are that the respondent-workman was appointed on the post of Tubewell Operator on 27.02.1985 and was assigned duties at Tubewell No. 106 Adhkata, Bareilly. He was given the charge of the said Tubewell under the order dated 30.07.1985 issued by the Assistant Engineer.

3. It is contended that the workman performed duties till October, 1990, but all of a sudden, his services were terminated in November, 1990 without disclosing any reason and without paying him retrenchment compensation. The workman agitated the issue and, ultimately, the matter was referred by the State Government to the Labour Court, Bareilly, where it was registered as Adjudication Case No. 77 of 2006 (Executive Engineer vs Krishna Murari Sharma) for adjudication of the dispute as to whether termination of services of the workman Krishna Murari Sharma w.e.f. 23.11.1990 is legal and, i

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