UTTARAKHAND JAL VIDYUT NIGAM LTD. Vs. SOBAT

JUDGEMENT

(1.) This writ petition is directed against the award dtd. 20/9/2011 rendered by learned Labour Court, Haridwar in Adjudication Case No. 191 of 2009 (Old Adjudication Case No. 24 of 2007). By the said award, termination of services of respondent by Uttarakhand Jal Vidyut Nigam Ltd. was declared to be unjust and illegal and the employer was directed to reinstate the respondent, but without any back wages.

(2.) Mr. Niranjan Bhatt, learned Counsel appearing for the respondent, submits that Shri Sobat Singh (workman) passed away in the month of May, 2021 and his legal representatives have now been substituted in his place.

(3.) Petitioners have challenged the award mainly on the ground that there was no material before the learned Labour Court for holding that the respondent (workman) has served for 240 days in a calendar year. Learned Counsel for petitioners submits that respondent is not entitled to benefit of Sec. 6N of U.P. Industrial Disputes Act in the absence of any finding that he served for 240 days in a calendar year.