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2023 Supreme(All) 706

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


Advocates:
Advocate Appeared:
For the Appellant : Kirtika Singh, C.S.C.
For the Respondent: Gopal Narain Srivastava, S.C., Sudhanshu Narain

JUDGMENT :

1. This writ petition has been filed by State of U.P. through Principal Secretary, Irrigation, Lucknow and officials of the said Department challenging the impugned award dated 08.01.2016 passed by the Labour Court, Gorakhpur, which was notified on the notice board on 07.06.2016, in Adjudication Case No.170 of 1992 whereby the Labour Court has held termination of services of the respondent no.2 with effect from 01.01.1991 as improper and illegal with a further direction for reinstatement of the said respondent maintaining continuity in his past services along with back-wages at the rate of 50%. A further direction has been issued that the respondent no.2 shall be entitled for full salary from the date of publication of the award.

2. The facts of the case are that the respondent no.2 (hereinafter referred to as the workman) came up with a case that he was regularly working in the department of Irrigation since October, 1988 as Camp Dhawak and was performing duties relating to distribution of post. It was further contended that all of a sudden, his services were orally terminated on 01.01.1991 and his salary with effect from March, 1990 to December, 1990 was also not paid re

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