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SHARAD KUMAR SHARMA
State of Uttarakhand through Secretary, Irrigation, Dehradun – Appellant
Versus
Sahdev Singh – Respondent
JUDGMENT :
The brief facts of the case are that the petitioners –State has put a challenge to the award dated 01.11.2010 as it was passed by the learned Presiding Officer, Labour Court, Haridwar in Adjudication Case No.414 of 2009, “Sahdev Singh Vs. Adhishashi Abhiyanta, Nalkoop Khand, Roorkee, District Haridwar”, wherein the reference made under Section 4(K) of the U.P. Industrial Disputes Act, 1947 (hereinafter to be referred as “the Act of 1947”) with regards to the illegal termination of the services of the private respondent has been answered against the State and in favour of the workman.
2. As a consequence to the aforesaid adjudication made by the Labour Court, the Labour Court has drawn an opinion that termination of the workman was held to be illegal and hence, he was held to be entitled to all the service benefits from the date of the termination and would be treated to be in services throughout. But, however, the backwages were not paid to the respondent-workman.
3. Brief facts of the case are that the workman has contended that he was employed with the petitioners / employer in its Nalkoop Khand as an Assistant Mechanic as back as on 11.04.1985. He contends, that he had c
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 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 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 Irrigation Department is classified as an industry under the Uttar Pradesh Industrial Disputes Act, 1947, and termination without compliance with statutory provisions is unlawful.
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....
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 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).
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