High Court of Judicature at Allahabad
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Agra Development Authority Thr' Its Secry. v. Presiding Officer , Labour Court And Another - WRIT - C No. - 42489 of 2007  RD-AH 15185 (10 September 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Ashok Bhushan, J.
Sri A.K.S. Chauhan has put in appearance for the respondent no. 2. Learned counsel for the petitioner contends that the respondent no. 2 was appointed on daily wage basis in a project and was not engaged against any sanctioned post. Petitioner's counsel contends that the provisions of Section 6-N of the Industrial Disputed Act,1947 are not attracted and the labour court has committed error in directing for reinstatement. Learned counsel for the respondent no. 2 submitted that the respondent no. 2 was engaged on daily wage basis and he having completed 240 days in an year was entitled for protection Under Section 6-N and the award of the labour court in directing reinstatement of respondent no. 2 is perfectly in accordance with law. Learned counsel for the petitioner contends that the issue between the parties being only legal in nature, the writ petition itself may be decided finally.The learned counsel for the respondents submits that the respondent is not intending to take any proceedings for execution of award within two weeks.
The respondents are allowed one week's ' time to file counter affidavit. Rejoinder affidavit may be filed within one week thereafter. List this writ petition on 25th of September, 2007. It is made clear that on the next date the writ petition itself may be finally decided.
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