IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition (M/S) No. 2139 of 2012

State of U.P. & another

....Petitioners

Versus

Rajendra Prasad & another

.… Respondents

Mrs. Beena Pandey, Standing Counsel for the State of U.P./petitioners.

Ms. Lata Negi, Advocate holding brief of Ms. Neetu Singh, Advocate for the respondents.

Judgment Reserved - 08.12.2016

Date of Judgment - 19.12.2016

Hon’ble Rajiv Sharma,J.

The present petition is instituted against the

award dated 17.08.2009, rendered by Presiding

Officer, Labour Court, Haridwar in Adjudication Case

No.77 of 2009 (Old Adjudication Case No.115 of

2003). It was published on 07.05.2011.

2.

“Key facts” necessary for adjudication of this

petition are that the respondent no.1 was engaged as

work supervisor on 18.02.1989. He was retrenched

without following the due process of law on

01.09.1991. He raised the industrial dispute. The

workman filed claim petition. The employer filed the

reply.

3.

The State Government made a reference to the

Labour Court on 24.10.2002. The award was passed

by the learned Labour Court on 17.08.2009.

4.

The

workman

was

engaged,

as