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2023 Supreme(UK) 609

SHARAD KUMAR SHARMA
State of Uttarakhand through Secretary, Irrigation, Dehradun – Appellant
Versus
Sahdev Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. R.C. Arya, learned Standing Counsel
For the Respondent: Mr. M.C. Pant, learned counsel

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

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