SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2009 Supreme(MP) 1005

SUSHMA SHRIVASTAVA, A.K.MISHRA
Municipal Council, Umaria – Appellant
Versus
Gopal Prasad Kacher – Respondent


Advocates:
Ashok Lalwani for petitioner. Shailendra Singh for respondent.

ORDER

1. Writ petition has been preferred by Municipal Council, Umaria, as against the award dated 6.5.2008 (Ex. P.6) passed by Labour Court, Shahdol in reference case No. l/I.D.Act/07 Ref.

2. On failure of conciliation the case of workman was referred for adjudication to the Labour Court with respect to termination of his services. It was claimed by the workman that he was appointed on clear vacant post of Driver in the year 1995. He had continuously rendered the services till 15.5.2005, he had acquired status of permanent Driver, thus, termination of services as per oral order was illegal. ·No retrenchment compensation was paid. The provision of Section 25-F was also not complied with. The order of termination of services was not based on departmental enquiry. The principal of "last come, first go" was not adhered to, thus, retrenchment was illegal. The workman was receiving wages of Rs.2180/- at the time of illegal retrenchment. He has remained unemployed after termination of his services, thus, prayer was made for his reinstatement along with back wages.

3. The municipal Council was served by registered post acknowledgment due but it did not appear before the labour Court, u








Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top