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2017 Supreme(UK) 15

RAJIV SHARMA
State of Uttarakhand – Appellant
Versus
Udai Singh – Respondent


Advocates Appeared:
For the State : Mr. R.C. Arya
For the Respondents: Ms. Lata Negi, Mr. P.K. Chauhan

JUDGMENT :

Rajiv Sharma, J.

The present petition is directed against the award dated 29.08.2011 passed by the Presiding Officer, Labour Court, Haridwar, in Adjudication Case No.164 of 2009 (Old Adjudication No.221 of 2004).

2. “Key facts” necessary for adjudication of this petition are that the respondent no.1-workman was engaged on 21.09.1998. He was retrenched without following the due process of law on 01.07.2002. He raised the industrial dispute. The matter was referred to the Labour Court. The workman filed the statement of claim. The employer filed the reply.

3. Learned Labour Court announced the award in favour of the workman-respondent no.1 on 29.08.2011. Hence, this writ petition.

4. The workman-respondent no.1 was engaged on 21.09.1998. According to the material placed on record, the workman has worked for 302 days’ from November, 1998 to October, 1999. He appeared before the Labour Court as WW1 and has deposed that he was neither issued any notice nor any compensation was paid to him at the time of retrenchment.

5. The statement made by the workman remained uncontroverted. The workman since had completed more than 240 days’ in a calendar year, hence, he was required to be issu































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