Back
SHARAD KUMAR SHARMA
State of Uttar Pradesh – Appellant
Versus
Sukh Dev Singh – Respondent
JUDGMENT :
The petitioner-employer, UP State Education Department, in the instant writ-petition, has put a challenge to the impugned award, as it has been passed by the learned Labour Court on 30.09.2011 in Adjudication Case No.138 of 2009, "Sukh Dev Singh Vs. Executive Engineer, Upri Ganga Nahar Adhunikikaran Khand".
2. The reference, which was made before the learned Labour Court called to be answered, was to the effect that, as to whether the act of the employer of terminating the services of the workman was in contravention to the provisions contained under Section 6(N) of the U.P. Industrial Disputes Act.
3. The workman has come up with the case before the Learned Labour Court, that he was initially inducted with the petitioner as a daily wage employee ever since 01.01.1988 and he worked in the said capacity till 01.08.1992, lastly, when his services were orally terminated by the respondent without assigning any reason, as such.
4. The reference was made under Section 4(K) of the U.P. Industrial Disputes Act, and the same was referred to be decided by issuance of the Government Order. The respective parties to the proceedings before the learned Labour Court have filed the written
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 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 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 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....
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.
Section 25-F of the Industrial Disputes Act, 1947 requires the employer to follow the procedure thereunder when a workman is employed in an industry and who has been in continuous service for not les....
Point of Law : Consolidated and lump sum amount of compensation could have served the purpose to console respondent whose services were terminated, not only in the light of documents but also conside....
The court upheld the Labour Court's award of minimum wages and compensation for wrongful termination, asserting the need for procedural adherence under the Industrial Disputes Act.
Labour Court has decided the preliminary issue of jurisdiction raised to the effect that the Labour Court has no jurisdiction. The Labour Court has held that it has jurisdiction to entertain the refe....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
