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M/S SHRI SHAKUMBHARI COTSPIN LTD. THRU' ITS DIRECTOR versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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M/S Shri Shakumbhari Cotspin Ltd. Thru' Its Director v. State Of U.P. And Others - WRIT - C No. - 43205 of 2007 [2007] RD-AH 15233 (10 September 2007)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon'ble Ashok Bhushan, J.

Issue notice to respondent no. 3.

Learned counsel for the petitioner contends that the labour court in spire of recording a finding that the workman has not worked for 240 days in a year, has directed for reinstatement and also allowed 25% of the wages. From the award it does appear that the claim of the workman that he has worked for 240 days, was rejected. Learned counsel for the petitioner submits that any proposal even if given during conciliation proceedings, could not have been relied while giving award since the conciliation has failed. The petitioner has made out, prima facie, case for grant of interim relief.

Let a counter affidavit be filed within four weeks. Steps for service be taken within one week. List on 29th October, 2007.

Till the next date of listing the impugned award dated 16.3.2007 shall remain stayed.

D/-10.9.2007

SCS/43205

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