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SHARAD KUMAR SHARMA
Nagar Palika Parishad, Kashipur – Appellant
Versus
Ashraf Ali – Respondent
JUDGMENT :
Sharad Kumar Sharma, J.
This litigation, and the history, which it carries itself will be one of the best example of mockery of judicial system. The respondent/workman was appointed with the local body /petitioner as a Toll Moharir on 30th October, 1983. Consequent to his induction, the State Government has issued a Government Order on 30th June, 1990, by virtue of which, the octroi system was abolished.
2. The consequential effect of the Government Order dated 30th June, 1990, was that all the employees, who were not regular, their services stood terminated, but those who have acquired the status of being regular employees, they were supposed to be adjusted in the other departments of the local bodies.
3. The facts, herein, are that the respondent/workman on account of an atrocious act of the petitioner of dispensing his services have initially sought a reference of dispute to be adjudicated under Section 4-K of the U.P. Industrial Disputes Act, which was referred to be decided by G.O. No. 4029-33/CP45/95 dated 27th May, 1993, and consequent to the reference made, an Adjudication Case No. 24 of 1997 was registered.
4. Before venturing further we should not be oblivions of th
The termination of an employee must comply with the provisions of the Industrial Disputes Act, and allegations of discrimination must be substantiated with evidence.
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....
The main legal point established in the judgment is that the employer must follow the relevant provisions of the I.D. Act before terminating the service of an employee, and failure to do so may entit....
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 burden of proof for continuous service of 240 days rests on the workman, and mere self-serving statements are insufficient to establish this claim.
Service - There is no retrenchment within the meaning of Section 2(oo) of the I.D. Act, but, it is end of service due to contractual appointment and, therefore, Section 2(oo)(bb) of the I.D. Act woul....
The illegal refusal of employment by the management necessitated compensation for the workman, underscoring the employer's burden to prove any contrary claims.
Labour Court has held against the workman on the basis that the documents like pay sleep, muster roll etc. are not produced. But, at this juncture, it is require to peruse the oral evidence of the wo....
Industrial disputes under the Industrial Disputes Act can be raised at any time; delay does not bar adjudication if the dispute remains valid and justiciable.
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