SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(UK) 413

MANOJ KUMAR TIWARI
Birla Tyres Pvt. Ltd. – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Siddhartha Bankoti, holding brief of Mr. Vipul Sharma.
For the Respondent: Mr. V.S. Rawat, Brief Holder and Mr. M.C. Pant.

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

            Click Here to Read the rest of this document
            1
            2
            3
            4
            5
            6
            7
            8
            9
            10
            11
            SupremeToday Portrait Ad
            supreme today icon
            logo-black

            An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

            Please visit our Training & Support
            Center or Contact Us for assistance

            qr

            Scan Me!

            India’s Legal research and Law Firm App, Download now!

            For Daily Legal Updates, Join us on :

            whatsapp-icon telegram-icon
            whatsapp-icon Back to top