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OM PRAKASH SINGH versus THE LABOUR COURT (IV) U.P. AT KANPUR & OTHERS

High Court of Judicature at Allahabad

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Om Prakash Singh v. The Labour Court (Iv) U.P. At Kanpur & Others - SPECIAL APPEAL DEFECTIVE No. - 804 of 2007 [2007] RD-AH 15993 (25 September 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

"C.J's Court"

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD.

APPELLATE JURISDICTION

Special Appeal (Defective) No. 804 of 2007.

1. Om Prakash Singh, Son of Sri Manni Singh,

resident of Jawahar Nagar, Post Office Road,

Ghatampur, District Kanpur Dehat.. .....Appellant.

Vs.

1. The Labour Court (IV), U.P. at Kanpur.

2. The Assistant Regional Manager, U.P. State

Road Transport Corporation, Chunniganj

Depot, Kanpur.

3. The Regional Manager, U.P. State Road

Transport Corporation, Parwati Bagla Road,

Kanpur.

...Respondents.

***********

Counsel for the Appellant : Mr. Abhishek Pandey

Counsel for the Respondents : Mr. G.C. Upadhyaya

(Standing Counsel)

Hon'ble H.L. Gokhale, CJ.

Hon'ble Anjani Kumar, J.

Date : September 25, 2007.

Oral Judgment (Per : H.L. Gokhale, CJ.)

1. Heard Mr. Abhishek Pandey in support of this appeal and learned Standing Counsel appears for respondents.

2. The appellant-petitioner was an employee in the State Road Transport Corporation. He has put in service of about twenty-nine years as Conductor. On surprise inspection, it was found that 38 passengers were travelling without tickets. After enquiry, his services were terminated. Aggrieved by the termination order, the appellant approached the Labour Court. The Labour Court passed an order by which the appellant was directed to be re-instated, but without back wages. This was on the footing that according to the Labour Court, the termination order was too severe.

3. Aggrieved by the order passed by the Labour Court, the appellant-petitioner filed writ petition before this Court to challenge the denial of the back wages and the U.P. State Road Transport Corporation filed another writ petition to challenge the order of re-instatement of the petitioner. The writ petition filed by U.P. State Road Transport Corporation has been allowed and the writ petition filed by the appellant-petitioner has been dismissed by this Court.

4. This appeal is against the order passed by the Labour Court, which is passed under the Central Act. Under Chapter VIII, Rule 5 of the Rules of the Court, once the remedy is available by filing the writ petition before the learned single Judge, an appeal is not available against the said order.

5. In the circumstance, the special appeal is not maintainable and is accordingly dismissed.

Date : 25.09.2007.

Rks

(Chief Justice)

(Anjani Kumar, J)


Copyright

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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