LAWS(ALL)-2005-10-40

GUNNA S O LATE SRI DUKHI AND RAM MILAN S O SRI JAGESHWAR PRASAD Vs. PRESIDING OFFICER LABOUR COURT KAMLA NEHRU MEMORIAL HOSPITAL

Decided On October 17, 2005
GUNNA S/O LATE SRI DUKHI AND RAM MILAN S/O SRI JAGESHWAR PRASAD Appellant
V/S
PRESIDING OFFICER, LABOUR COURT, KAMLA NEHRU MEMORIAL HOSPITAL THROUGH ITS Respondents

JUDGEMENT

(1.) This writ petition has been filed challenging the award dated 16.3.2002 passed by the Labour Court, Allahabad whereby the claim of the petitioners has been rejected.

(2.) The brief facts of this case are that in January 1989 the petitioners were engaged by the respondent-Kamla Nehru Memorial Hospital, Allahabad to work as gardener/attendant, on daily wage basis. According to the petitioners, they continued to work as such till December 1994. Thereafter in January 1995 a Project was sponsored by SIDBI for some work to be conducted by the respondent-Hospital in the rural areas. The petitioners were engaged to work in the project on fixed emoluments from 1st January 1995 till 7.7.1996 i.e. the date till the project remained in operation. On such Project having been wound up, the services of the petitioners were dispensed with. They thus raised an industrial dispute and a question was referred to the Labour Court as to whether their termination with effect from 8.7.1996 was proper and legal and if not, to what relief would they be entitled to. The Labour Court, after discussing the evidence adduced by the parties came to the conclusion that the petitioners were not entitled to the relief claimed by them.

(3.) I have heard Sri Shitla Sahai, learned counsel appearing for the petitioners as well as Sri S.M.A. Kazmi, learned Additional Advocate General appearing for the contesting respondent Nos. 2 and 3 and assisted by Sri Piyush Bhargava. Counter and rejoinder affidavits have been exchanged and with the consent of learned counsel for the parties this writ petition is being disposed of finally at the admission stage itself.