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2007 Supreme(SC) 524

ARIJIT PASAYAT, LOKESHWAR SINGH PANTA
U. P. Power Corporation LTD. – Appellant
Versus
Bijli Mazdoor Sangh – Respondent


JUDGMENT:

Dr. ARIJIT PASAYAT, J.

Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court dismissing the writ petition filed by the appellants. Challenge in the writ petition was to the Award made by the Industrial Tribunal, Uttar Pradesh, Allahabad (in short the Tribunal) in adjudication case No. 168 of 1980. Background facts in a nutshell are as follows:

Respondent Nos.2 & 3 were appointed as Chowkidars as muster roll employees on daily wage basis in the Fatehpur Sub-station on 1.6.1977. By order dated 17.1.1979, the appellant-Corporation decided that no one will be engaged as casual worker. Accordingly services of respondent Nos.2 & 3 and others were terminated as the construction work at Fatehpur Sub-station was over. Respondent Nos.2 & 3 disputed their termination on the ground that they were not paid the retrenchment compensation. The dispute was referred to the Tribunal in Adjudication Case No.168 of 1980. The Tribunal held that the termination was improper as they had completed 240 days of service and their retrenchment was violative of Section 25(F) of the Industrial Disputes Act, 1947 (in short the I.D. Act), and Section 6N of t






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