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SHARAD KUMAR SHARMA
State of Uttar Pradesh through Secretary – Appellant
Versus
Raghuveer Singh – Respondent
JUDGMENT :
SHARAD KUMAR SHARMA, J.
1. Heard learned counsel for the parties at length.
2. The petitioner/employer in the instant writ petition has put a challenge to the award dated 31.10.2011, as it was rendered by the learned Presiding Officer/Labour Court in Adjudication Case No. 16 of 2011, Raghuveer Singh vs. Executive Engineer, Uttari Ganga Nahar, Roorkee. The reference of industrial dispute, which was sought therein by invoking the provisions contained under Section 4(K) of the U.P. Industrial Disputes Act, it was in relation to “as to whether the termination of services of the workman by the employer was justified or not and whether the said termination happen to be in violation of the provisions contained under Section 6N of the Industrial Disputes Act to be read with Rule 42 of the Rules framed under the Act, i.e. the Uttar Pradesh Industrial Disputes Rules of 1957.”
3. The workman came up with the case that he was inducted as a Beldar, being an unskilled worker with the respondent department on 22.05.1981 and he had continuously worked there in the said capacity till 20.12.1994 i.e. the date from which his services were discontinued.
4. He contended in the reference proceedin
The judgment establishes the interpretation of the definition of 'industry' and 'industrial dispute' under the U.P. Industrial Disputes Act and emphasizes the entitlement of service benefits to emplo....
The interpretation of the definition of 'industry' under the U.P. Industrial Disputes Act and the presumption of continuity of services are crucial in determining disputes related to termination of s....
The main legal point established in the judgment is the interpretation and application of the provisions of Section 6(N) of the U.P. Industrial Disputes Act, 1947 regarding termination of services an....
Compliance with the provisions of Section 6N of the U.P. Industrial Disputes Act regarding notice and payment of wages in lieu of termination of services is crucial in determining the validity of the....
The Irrigation Department is classified as an industry under the Uttar Pradesh Industrial Disputes Act, 1947, and termination without compliance with statutory provisions is unlawful.
The Irrigation Department is classified as an 'Industry' under the U.P. Industrial Disputes Act, 1947, and retrenchment without notice or compensation violates Section 6(N).
The termination of an employee must comply with the provisions of the Industrial Disputes Act, and allegations of discrimination must be substantiated with evidence.
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