STATE OF U.P. Vs. SRI SURENDRA KUMAR

JUDGEMENT

(1.) A challenge has been laid to the Award dated 22.07.2010 passed by the Presiding Officer, Labour Court, Haridwar, in Adjudication Case No.354 of 2009 (Old Adjudication No.123 of 2004).

(2.) "Key facts" necessary for adjudication of this petition are that the respondent no.1-workman was engaged as a daily wager on 13.01.1990. He was retrenched orally on 30.09.199 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.

(3.) The employer-department filed the reply. According to the reply filed by the employer-department, the workman was engaged in a particular project and the same has come to an end. Learned Labour Court made a reference in favour of the workman-respondent no.1. The retrenchment of the workman held void ab initio under Sec. 6(N) of the U.P. Industrial Disputes Act, 1947 read with Rule 42 of the Industrial Disputes Rules, 1957. He was ordered to be in service but back wages were denied. Hence, the present petition.