STATE OF U.P. Vs. SRI SUKH RAM

JUDGEMENT

(1.) A challenge has been laid to the Award dated 21.04.2011 passed by the Presiding Officer, Labour Court, Haridwar, in Adjudication Case No.211 of 2009 (Old Adjudication No.35 of 2002).

(2.) "Key facts" necessary for adjudication of this petition are that the respondent no.1-workman was engaged as a daily wager on 01.01987. He was retrenched on 21.1199 The workman-respondent no.1 raised the industrial dispute. The matter was referred to the Labour Court. The workman filed the claim petition stating therein that he had worked for more than 240 days and he was retrenched without following the provisions of Sec. 6(N) of the U.P. Industrial Disputes Act, 1947. He was neither issued any notice nor paid any compensation in lieu of the notice. Learned Labour Court answer the reference in favour of the workman-respondent no.1. The retrenchment of the workman was declared illegal. He was ordered to be treated in service but without back wages. Hence, the present petition.

(3.) The case of the workman-respondent no.1 precisely is that he had worked for 240 days and his retrenchment was illegal. He appeared before the learned Labour Court as WWI. He had duly proved that he had worked for 185 days in the year 1990 and after adding the Sundays and other paid holidays, he had worked for more than 240 days.