SARASWATI DYNAMICS PVT LTD Vs. OM PAL SINGH; NARESH KUMAR; RAMVEER SINGH; RAJ KUMAR; AJAY KUMAR WALIA; PRAMOD KUMAR SAINI; SAHID HASAN AND ANOTHER

JUDGEMENT

(1.) In all these writ petitions, identical question of facts and law are involved, therefore, all these writ petitions are heard together and are being disposed with by this common judgment.

(2.) Undisputedly, on the request of the workmen different References were made to the learned Labour Court, Haridwar as to whether termination of the services of the workmen by the employer was justified/legal and if not, the workmen are entitled to get what relief/benefits. It was stated by all the workmen that they were inducted as casual labour/turner from 9.12.1985 to 7.9.2001 and, all of a sudden, they all were discontinued from the service with effect from 8.9.2001 and no compliance of Section 6-N of the UP Industrial Disputes Act, 1947 was made before discontinuing the services of the workmen.

(3.) Before the learned Labour Court, employer took the defence that in fact all the workmen tendered their resignation and their resignation was accepted by the employer, therefore, there was no question of making compliance of Section 6-N of the Act.