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DIVISIONAL SALES MANAGER U.P. FOREST CORPORATION & ANOTHER versus PRESIDING OFFICER, LABOUR COURT & ANOTHER

High Court of Judicature at Allahabad

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Divisional Sales Manager U.P. Forest Corporation & Another v. Presiding Officer, Labour Court & Another - WRIT - C No. - 40394 of 2007 [2007] RD-AH 14599 (29 August 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 AT ALLAHABAD

Hon'ble Ashok Bhushan, J.

Issue notice to respondent no. 2. Steps for service be taken within one week.

Learned counsel for the petitioner contended that the respondent no. 2 had worked only about three years on daily wage basis. Thereafter he was retrenched. He submits that the Corporation has no work at prresent and the respondent No. 2 being allowed to work and paid the back wages tot he extent of 30% is not justified. The counsel for the petitioner has placed reliance on two rulings: (i) AIR 2006 Supreme Court 2113 Nagar Mahapalika (now Municipal Corporation) Versus State of Uttar Pradesh & others and (ii) AIR 2006 Supreme Court 2427 Haryana State Electronics Development Corporation Ltd. Versus Mamni. He submits that in such cases the labour court ought to have awarded, at best, some compensation to the respondent.

Considering the submissions of counsel for the petitioner, the petitioner has made out a case for grant of interim protection. Let a counter affidavit be filed within four weeks.

List thereafter for admission.

Subject to petitioner's depositing Rs.25,000/- with the respondent no. 1 which shall be paid to the respondent no. 2 within a period of one month from today, the operation of the award dated 15.10.2006 published on 15.2.2007 shall remain stayed.

D/-29.8.2007

SCS/40394


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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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