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M/S THE DHAMPUR SUGAR MILLS LTD. versus LABOUR COURT AND ORS

High Court of Judicature at Allahabad

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M/S The Dhampur Sugar Mills Ltd. v. Labour Court And Ors - WRIT - C No. 1245 of 1999 [2007] RD-AH 12460 (20 July 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble S.U. Khan, J.

Heard learned counsel for the petitioner. No one appears for the respondents.

This writ petition is directed against the award dated 30.11.1995 passed by Presiding Officer, Labour Court, U.P. Rampur in adjudication case No.161 of 1994. The operative portion of the award is to the effect that the action of the petitioner employer terminating the services of its employee Veer Bahadur-respondent No.3 w.e.f. 26.10.1993 was illegal. The exact direction was that with effect from the date on which the said award became enforceable, the workman would be entitled to appointment for the next crushing season of 1996-97. Back wages were denied. According to the learned counsel for the petitioner, the award exhausted itself crushing season of 1996-97. Similar view was expressed by this Court while declining the interim order dated 15.01.1999. I am also of the opinion that the award exhausted after the end of crushing season 1996-97.

Learned counsel for the petitioner has argued that even the direction for appointment for the crushing season 1996-97 was wrong and illegal. However, as the said period is over, hence there is no need to decide the said question.

Accordingly, writ petition is dismissed as infructuous. However, it is clarified that by virtue of the impugned award, the workman respondent No.3 cannot be treated to be entitled for appointment after the crushing season 1996-97

Date:20.07.2007

NLY/1245/99


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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