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SHARAD KUMAR SHARMA
Kailash Chandra – Appellant
Versus
Director Udyan Evam Khadya Prasanskaran Uttarakhand – Respondent
JUDGMENT :
Certain basic facts, which are not in dispute and as argued by the learned counsel for the petitioner-workman, is that the petitioner, while giving a challenge to the award as rendered by the learned Labour Court on 15.03.2021, as a consequence of the Adjudication Case No.22 of 2017, “Director Horticulture Department and Others Vs. Kailash Chandra”, the learned Labour Court was referred to answer the question as to, “whether the act of respondent of dispensing the service of the petitioner, who was working as a Chowkidar w.e.f. 01.11.2016 was justified or not”. The said reference has been answered as against him by the learned Labour Court. Consequently, the writ-petition has been preferred.
2. Few basic facts, which have been argued by the learned counsel for the petitioner, are that, it is not in controversy, that the petitioner was initially appointed with the respondent as a daily-wager chowkidar on 01.02.2014 and his status of being a daily-wager employee continued so till his nature of appointment was converted into a contractual appointment by execution of a contract on 16.04.2015, which finds place on the record of this writ-petition as Annexure No.5 to the writ-pe
Once a worker accedes to the terms of a contractual appointment, they cannot revert to their previous employment status. The conditions for benefits under Section 6-N of the U.P. Industrial Disputes ....
The main legal point established in the judgment is that the termination of the workman's services, who had worked for over 240 days, was contrary to the provisions contained under Section 6-N of the....
Reinstatement for daily wage workers is not automatic and must be assessed on a case-by-case basis, considering service duration and delay in raising disputes.
(1) Regularisation – Indian labour law strongly disfavours perpetual daily-wage or contractual engagements in circumstances where work is permanent in nature – Morally and legally, workers who fulfil....
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 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....
Decisions of Tribunals - Jurisdiction - While exercising the jurisdiction under Article 226 of the Constitution, this Court is not to sit as Court of appeal over the decisions of Tribunals constitute....
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