Advocates:
['S C', '', 'C S C', 'C S C', '', 'M I KHAN', 'S S UPADHYAY', 'SMT SADHNA UPADHYAY', 'A K JAISWAL']

Court No. - 38

Case :- WRIT - C No. - 10516 of 2001

Petitioner :- State Of U.P. And Others

Respondent :- Sri Nrapati And Others

Counsel for Petitioner :- S.C.,C.S.C.

Counsel for Respondent :- C.S.C.,A.K. Jaiswal,M.I.Khan,S.S.Upadhyay,Smt.Sadhna

Upadhyay

Hon'ble Saumitra Dayal Singh,J.

1. Heard Ms. Archana Tyagi, learned Additional Chief Standing Counsel and Mr.

Prathmesh Upadhyay, Advocate, holding brief of Ms. Sadhana Upadhyay,

learned counsel for respondent Corporation.

2. Present writ petition is directed against the award of the Labour Court,

Azamgarh, dated 18.2.2000 in Adjudication Case No. 503 of 1993.

3. The above adjudication case had arisen from the following reference made,

vide order dated 8.10.93:

"Kya Sewayojakon Ne Apne Shramik Shri Nripti Singh Putra Shri Dhaniram Ko Dinaak

4.8.92 Se Anuchit Evam Avaidhanik Roop Se Karya Se Prithak Kar Diya Hai? Yadi Han, Toh

Sambhandhit Shramik Kya Laabh/Chhatipurti Paane Ka Adhikari Hai?"

4. By a detailed order of the date (27.5.2022), Writ-C No. 10510 of 2001 (State

of U.P. & Ors. vs. Sri Jagdish & Ors.) has been partly allowed. For the same

facts and reasoning and to the same extent, the present petition is also partly

allowed. Other than the relief of reinstatement granted by the Labour Court as

was maintained under the interim orders of this Court till date, respondent

workman may not be entitled to any further relief by way of compensation.

Needless to add, if the respondent workman has also been granted the status of

regular employee by way of any other action taken by the petitioner, the same

may not be affected by the order passed today. If any amount may have been

paid to the respondent workman by way of back-wages, that may not be

recovered from the respondent workman.

Order Date :- 27.5.2022

Prakhar

Digitally signed by PRAKHAR

SRIVASTAVA

Date: 2022.06.01 10:06:26 IST

Reason:

Location: High Court of Judicature at

Allahabad