MANOJ KUMAR TIWARI
Birla Tyres Pvt. Ltd. – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
1. This is employer’s petition under Article 227 of the Constitution of India, challenging the award dated 27.08.2015 rendered in favour of second respondent by learned Labour Court, Haridwar in Adjudication Case No. 03 of 2014.
2. By the said award, learned Labour Court has held that termination of services of second respondent is illegal and violative of provisions contained in Industrial Disputes Act, 1947 and it is provided that second respondent shall be entitled to reinstatement with continuity of service, but without back wages.
3. It is not in dispute that second respondent was appointed as trainee in Laksar (Haridwar) Unit of M/s Birla Tyres Pvt. Ltd. vide order dated 22.08.2008. Upon completion of training, he was given regular appointment. The appointment order is silent regarding his designation and there is no mention of designation of second respondent in the writ petition.
4. Services of second respondent were terminated w.e.f. 15.03.2013 against which he raised industrial dispute, which was referred for adjudication to Labour Court, Haridwar vide order dated 10.01.2014. In the order of reference, his designation is mentioned as ‘Assistant’. English translatio
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