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2017 Supreme(UK) 103

RAJIV SHARMA
State of U. P. – Appellant
Versus
Surendra Kumar – Respondent


Advocates Appeared:
For the Petitioners: Ms. Bina Pandey, Standing Counsel.
For the Respondents:Mr. Pradeep Kumar Chauhan, Advocate.

JUDGMENT :

Rajiv Sharma, J.

A challenge has been laid to the Award dated 22.07.2010 passed by the Presiding Officer, Labour Court, Haridwar, in Adjudication Case No.354 of 2009 (Old Adjudication No.123 of 2004).

2. “Key facts” necessary for adjudication of this petition are that the respondent no.1-workman was engaged as a daily wager on 13.01.1990. He was retrenched orally on 30.09.1992. The workman-respondent no.1 raised the industrial dispute. The matter was referred to the Labour Court. The workman filed the claim petition stating therein that he had worked for more than 240 days and he was retrenched without following the provisions of Section 6(N) of the U.P. Industrial Disputes Act, 1947. He was neither issued any notice nor paid any compensation in lieu of the notice.

3. The employer-department filed the reply. According to the reply filed by the employer-department, the workman was engaged in a particular project and the same has come to an end. Learned Labour Court made a reference in favour of the workman-respondent no.1. The retrenchment of the workman held void ab initio under Section 6(N) of the U.P. Industrial Disputes Act, 1947 read with Rule 42 of the Industrial Disput

































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