BHUVNESH KUMAR DWIVEDI Vs. M/S HINDALCO INDUSTRIES LTD.
LAWS(SC)-2014-4-88
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on April 25,2014

Bhuvnesh Kumar Dwivedi Appellant
VERSUS
M/S Hindalco Industries Ltd. Respondents





Cited Judgements :-

MANAGING DIRECTOR, ORISSA FOREST DEVELOPMENT CORPORATION LTD , BHUBANESWAR VS. ARUN KUMAR SWAIN & TWO OTHERS [LAWS(ORI)-2017-12-82] [REFERRED TO]
PUNJAB STATE ELECTRICITY BOARD VS. HYDRO PROJECT WORKERS UNION [LAWS(HPH)-2023-10-46] [REFERRED TO]
SENIOR EXECUTIVE ENGINEER VS. MANSA RAM [LAWS(HPH)-2016-11-149] [REFERRED TO]
ARPANA KUMARI VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-8-124] [REFERRED TO]
STATE OF H.P. VS. CHARAN SINGH [LAWS(HPH)-2017-5-15] [REFERRED TO]
MANOJ KUMAR VS. SINTEX INDUSTRIES PVT. LIMITED. [LAWS(HPH)-2016-3-84] [REFERRED TO]
DINESH PAL SINGH VS. PRESIDING OFFICER [LAWS(ALL)-2023-7-34] [REFERRED TO]
SHREE AMRELI JILLA MADHYASTH VS. MEGHRAJBHAI MOHANBHAI SAGAR & ANR [LAWS(GJH)-2015-7-141] [REFERRED]
JAYESHGIRI NATWARGIRI GOSWAMI VS. STATE BANK OF INDIA (SBI) & ANR. [LAWS(GJH)-2017-9-93] [REFERRED TO]
HEMADUL HASAN VS. STATE OF U.P. [LAWS(ALL)-2018-8-311] [REFERRED TO]
M/S SUPERTECH LIMITED VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL (5), U.P. AND 2 ORS. [LAWS(ALL)-2018-4-529] [REFERRED TO]
REGIONAL MANAGER, STATE BANK OF INDIA, AND ANOTHER VS. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL AND ANOTHER [LAWS(ALL)-2018-2-3] [REFERRED TO]
ABHIMANYU LAXMAN KUMBHAR VS. MAHARASHTRA STATE ELECTRICITY [LAWS(BOM)-2022-9-103] [REFERRED TO]
D.T.C. VS. DHARAMVIR SINGH [LAWS(DLH)-2018-7-819] [REFERRED TO]
UNIVERSITY OF RAJASTHAN, J.L.N., MARG, JAIPUR VS. SHRI TRILOK SINGH [LAWS(RAJ)-2016-9-9] [REFERRED TO]
DISTRICT PRIMARY EDUCATION OFFICER, SONEPAT AND ANOTHER VS. SHAMSHER SINGH AND ANOTHER [LAWS(P&H)-2014-9-495] [REFERRED]
SECRETARY, JAIN GIRLS SENIOR SECONDARY SCHOOL, ROHTAK & ANOTHER VS. ASHA GAUR & ANOTHER [LAWS(P&H)-2014-9-430] [REFERRED]
GUJARAT WATER SUPPLY AND SEWERAGE BOARD VS. UDAY CHANDRAKANT RAWAL [LAWS(GJH)-2014-10-46] [REFERRED TO]
PRAKASH CHAND VS. STATE OF H. P. [LAWS(HPH)-2019-8-51] [REFERRED TO]
RAVI DASS VS. DIVISIONAL FOREST OFFICER [LAWS(HPH)-2020-10-94] [REFERRED TO]
STATE OF H P AND ANOTHER VS. KARAM CHAND [LAWS(HPH)-2016-4-266] [REFERRED TO]
BUREAU CHIEF RASTRIYA SAHARA VS. LABOUR COMMISSIONER U.P. [LAWS(ALL)-2023-4-22] [REFERRED TO]
ASIAN RUBBER INDUSTRIES VS. VAKIL [LAWS(DLH)-2015-4-284] [REFERRED TO]
NARESH KUMAR VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, PATIALA & OTHERS [LAWS(P&H)-2014-9-285] [REFERRED]
NAGAR PALIK NIGAM, UJJAIN VS. RAJPALSINGH [LAWS(MPH)-2018-7-144] [REFERRED TO]
OM PARKASH VS. PRESIDING OFFICER [LAWS(P&H)-2017-1-149] [REFERRED TO]
DHANBAD COLLIERY KARAMCHARI SANGH VS. EMPLOYERS IN RELATION TO THE MANAGEMENT OF THE PATHERDIH COAL [LAWS(JHAR)-2021-2-124] [REFERRED TO]
MANAGEMENT OF JAMSHEDPUR WORKER COLLEGE EMPLOYEES CREDIT COOPERATIVE SOCIETY LTD JAMSHEDPUR VS. WORKMAN JITENDRA KUMAR TIWARI, SON OF SHIVNATH TIWARI [LAWS(JHAR)-2021-6-12] [REFERRED TO]
INDIA COFFEE BOARD WORKERS CO-OPERATIVE SOCIETY LTD VS. STATE OF KERALA AND OTHERS [LAWS(KER)-2015-10-258] [REFERRED]
THE KERALA STATE CASHEW DEVELOPMENT CORPORATION VS. THE LABOUR COURT,KOLLAM [LAWS(KER)-2016-6-38] [REFERRED TO]
SPIEGEL VERLAG RUDOLF AUGSTEIN GMBH& CO KG VS. GOVT OF NATIONAL CAPITAL TERRITORY OF DELHI & ANR [LAWS(DLH)-2019-5-194] [REFERRED TO]
STATE OF H.P. VS. GAGAN SINGH [LAWS(HPH)-2015-12-44] [REFERRED TO]
THE STATE OF H.P. AND ANOTHER VS. SHANKAR LAL [LAWS(HPH)-2016-1-2] [REFERRED TO]
MANAGING DIRECTOR, M/S NIPSO POLYFABRIKS LTD. VS. SHRI PRABHAKAR SINGH AND ANOTHER [LAWS(HPH)-2016-12-70] [REFERRED TO]
DR. HARBIR SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-4-209] [REFERRED TO]
JUNAGADH MUNICIPAL CORPORATION VS. DIPAKBHAI PRATAPBHAI KARAMATA [LAWS(GJH)-2020-7-285] [REFERRED TO]
STATE OF GUJARAT VS. LOKENDRASINH PRATAPSINH CHAUHAN [LAWS(GJH)-2017-9-26] [REFERRED TO]
HARDESH RAJARAMBHAI VS. SUB DIVISIONAL OFFICER [LAWS(GJH)-2017-8-45] [REFERRED TO]
GANGES MANUFACTURING COMPANY LIMITED VS. STATE OF WEST BENGAL [LAWS(CAL)-2021-1-50] [REFERRED TO]
STATE OF CHHATTISGARH VS. GAURISHANKAR TIWARI [LAWS(CHH)-2016-3-37] [REFERRED]
M/S. PATEL ROADWAYS LTD VS. SURENDRA KUMAR [LAWS(RAJ)-2016-3-59] [REFERRED TO]
UNIVERSITY OF RAJASTHAN THROUGH ITS REGISTRAR VS. TRILOK SINGH [LAWS(RAJ)-2016-9-188] [REFERRED]
MANAGEMENT CIMMCO BIRLA LIMITED, BHARATPUR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-6-7] [REFERRED TO]
QAMAR AHSAN VS. STATE OF BIHAR [LAWS(PAT)-2020-11-10] [REFERRED TO]
NAGAR PALIK NIGAM VS. BANSHI [LAWS(MPH)-2018-3-550] [REFERRED TO]
MAHESH RAM THAWAIT VS. STATE OF CHHATTISGARH [LAWS(CHH)-2022-6-36] [REFERRED TO]
STATE OF CHHATTISGARH VS. DEVENDRA KUMAR VERMA [LAWS(CHH)-2021-6-86] [REFERRED TO]
SHANKAR BHIMRAO KADAM VS. TATA MOTORS LIMITED [LAWS(BOM)-2022-2-144] [REFERRED TO]
U P S R T C THROUGH MANAGING DIRECTOR AND OTHERS VS. PRESIDING OFFICER LABOUR COURT FAIZABAD AND ANOTHER [LAWS(ALL)-2019-2-205] [REFERRED TO]
RAJIV KUMAR VS. STATE OF U.P. [LAWS(ALL)-2019-3-284] [REFERRED TO]
VINAY KUMAR UPADHYAY VS. STATE OF U P AND 2 OTHERS [LAWS(ALL)-2019-1-148] [REFERRED TO]
KANPUR NAGAR MAHAPALIKA VS. LABOUR COURT II [LAWS(ALL)-2015-5-388] [REFERRED TO]
LRS INSTITUTE OF TUBERCULOSIS & ALLIED DISEASES VS. BABU LAL [LAWS(DLH)-2015-8-126] [REFERRED TO]
U. P. STATE ROAD TRANSPORT CORPORATION VS. PRESIDING OFFICER LABOUR COURT [LAWS(ALL)-2022-11-120] [REFERRED TO]
EMPLOYERS IN RELATION TO THE MANAGEMENT OF BHARAT COKING COAL LIMITED VS. THEIR WORKMEN BEING REPRESENTED BY SRI N.G. ARUN, [LAWS(JHAR)-2020-12-67] [REFERRED TO]
HAILEYBURIA TEA ESTATES LIMITED VS. UNION OF INDIA [LAWS(KER)-2020-9-172] [REFERRED TO]
SHIVALIK OFFICERS INSTITUTE VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2014-11-449] [REFERRED]
PARADIP PORT TRUST VS. WORKING PRESIDENT [LAWS(ORI)-2018-8-61] [REFERRED TO]
DIRECTOR GENERAL, ALL INDIA RADIO VS. CASUAL LABOUR EMPLOYEES ASSOCIATION, RADIO KASHMIR, SRINAGAR. [LAWS(J&K)-2022-2-66] [REFERRED TO]
NARESH KUMAR THAKUR AND ORS. VS. PRINCIPAL/EXECUTIVE DIRECTOR CIVIL AVIATION TRAINING COLLEGE, ALLAHABAD [LAWS(SC)-2015-10-98] [REFERRED TO]
MACKINON MACKENZIE & COMPANY LTD VS. MACKINNON EMPLOYEES UNION [LAWS(SC)-2015-2-80] [REFERRED TO]
MUNICIPAL COMMITTEE VS. THE PRESIDING OFFICER, LABOUR COURT AND ORS. [LAWS(P&H)-2015-1-140] [REFERRED TO]
HYDRO PROJECT WORKERS UNION VS. PUNJAB STATE ELECTRICITY BOARD [LAWS(HPH)-2015-12-41] [REFERRED TO]
RAJESH MOHAN VS. STATE OF JHARKHAND AND ORS. [LAWS(JHAR)-2015-11-18] [REFERRED TO]
DINESHWAR PRASAD YADAV, S/O LATE CHHOTU YADAV, R/O VILLAGE VS. THE STATE OF JHARKHAND, THROUGH THE CHIEF SECRETARY, GOVERNMENT OF JHARKHAND, AT PROJECT BUILDING, RANCHI, PO [LAWS(JHAR)-2016-10-15] [REFERRED TO]
S. SWAMY VS. DR. B.R. AMBEDKAR MEDICAL COLLEGE, BANGALORE [LAWS(KAR)-2016-8-64] [REFERRED TO]
A. SUGUMARAN VS. THE MANAGEMENT OF TAMILNADU STATE TRANSPORT CORPORATION LIMITED, UDHAGAMANDALAM, THE NILGIRIS [LAWS(MAD)-2017-1-202] [REFERRED TO]
EXECUTIVE ENGINEER, LOHARU WATER SERVICES DIVISION, IRRIGATION DEPARTMENT, BHIWANI VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, HISAR AND ANOTHER [LAWS(P&H)-2014-9-310] [REFERRED]
RAM PAUL VS. HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED [LAWS(HPH)-2016-5-180] [REFERRED TO]
SURENDER KUMAR VS. STATE OF HIMACHAL PRADESH & OTHERS [LAWS(HPH)-2016-7-273] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. MAHINDER SINGH [LAWS(HPH)-2017-5-3] [REFERRED TO]
EXECUTIVE ENGINEER GEB NOW PGVCL AND 1 ANR. VS. NARENDRABHAI HARGOVINDBHAI RAVAL AND 1 ANR. [LAWS(GJH)-2017-12-269] [REFERRED TO]
MAHINDRA AND MAHINDRA LTD VS. MADHAV RAMKRISHNA LOMTE [LAWS(BOM)-2021-11-229] [REFERRED TO]
TALUKA DEVELOPMENT OFFICER VS. SURESHCHANDRA SHANABHAI PAREKH [LAWS(GJH)-2020-5-153] [REFERRED TO]
STATE OF CHHATTISGARH VS. GANESH RAM YADAV [LAWS(CHH)-2019-6-70] [REFERRED TO]
KUNTI BAI KASHYAP VS. STATE OF C.G. [LAWS(CHH)-2023-2-66] [REFERRED TO]
STATE OF CHHATTISGARH VS. WATER RESOURCES DEPARTMENT [LAWS(CHH)-2016-3-55] [REFERRED]
SHAMBHU PRASAD TRIPATHI VS. M.P. STATE ROAD TRANSPORT CORPORATE AND ANOTHER [LAWS(CHH)-2016-5-41] [REFERRED TO]
STATE OF CHHATTISGARH VS. SECRETARY, DEPARTMENT OF FOREST [LAWS(CHH)-2019-11-140] [REFERRED TO]
MOTILAL NEHRU FARMERS TRAINING INSTITUTE VS. PRESIDING OFFICER LABOUR COURT [LAWS(ALL)-2020-5-25] [REFERRED TO]
HINDALCO INDUSTRIES LIMITED VS. PRESIDING OFFICER, LABOUR COURT NAD 13 OTHERS [LAWS(ALL)-2018-7-145] [REFERRED TO]
SUPERINTENDENT ENGINEER VS. RAM SANWAR SINGH [LAWS(ALL)-2019-4-330] [REFERRED TO]
NAGAR PALIKA NIGAM VS. ARUN SHARMA [LAWS(MPH)-2015-7-3] [REFERRED TO]
DIVISIONAL FOREST OFFICER (TERRITORIAL) BHIWANI ETC VS. BANWARI AND ANOTHER [LAWS(P&H)-2014-9-640] [REFERRED]
STATE OF PUNJAB AND ORS. VS. KAMALJIT SHARMA AND ORS. [LAWS(P&H)-2015-3-285] [REFERRED TO]
KARIMPUR COOPERATIVE AGRICULTURAL SERVICE SOCIETY LTD VS. PRESIDING OFFICER, LABOUR COURT, JALANDHAR [LAWS(P&H)-2015-5-704] [REFERRED TO]
PUSHPA TIWARI VS. BHEL LADIES CLUB [LAWS(UTN)-2021-9-4] [REFERRED TO]
MUNICIPAL COUNCIL VS. PRESIDING OFFICER, LABOUR COURT [LAWS(P&H)-2014-10-11] [REFERRED TO]
PREM PRAKASH GUPTA VS. STATE OF HP AND OTHERS [LAWS(HPH)-2016-11-193] [REFERRED TO]
COSMO FERRITES LTD VS. STATE OF H P & OTHERS [LAWS(HPH)-2016-10-104] [REFERRED TO]
MANAGEMENT OF NATIONAL HIGHWAYS AUTHORITY OF INDIA VS. VINITA [LAWS(DLH)-2021-1-151] [REFERRED TO]
NORTH DELHI MUNICIPAL CORPORATION VS. VINOD BANSAL [LAWS(DLH)-2019-9-236] [REFERRED TO]
JHARKHAND VAN DAINIK VETAN BHOGI KARAMCHARI SANGH, EAST SINGHBHUM THROUGH ITS PRESIDENT JADAV SOREN, SON OF LATE CHHOTO SOREN, VILLAGE PARASIA, P.O. DANDUDIH, P.S. BARSOL, DISTRICT EAST SINGHBHUM VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2017-1-85] [REFERRED TO]
D.T.C. VS. SUKHBIR SINGH AND ORS. [LAWS(DLH)-2015-5-177] [REFERRED TO]
HP STATE CIVIL SUPPLIES CORPORATION LTD. VS. PRESIDING JUDGE [LAWS(HPH)-2017-4-12] [REFERRED TO]
RANJIT KUMAR VS. STATE OF H P & ANOTHER [LAWS(HPH)-2017-5-46] [REFERRED TO]
EXECUTIVE ENGINEER, BSNL CIVIL DIVISION VS. KRISHAN CHAND [LAWS(HPH)-2017-6-16] [REFERRED TO]
THE H.P. STATE FOREST DEVELOPMENT CORP. & ANR. VS. ROSIN & TURPENTINE FACTORY EMPLOYEES UNION & ANR. [LAWS(HPH)-2016-8-7] [REFERRED TO]
INDIAN RAYON INDUSTRIES LTD. VS. BAMANIYA LAKHABHAI BHAGVANJIBHAI [LAWS(GJH)-2015-3-15] [REFERRED TO]
CHIEF MANAGER VS. ANIL POPATLAL GHELANI AND ORS. [LAWS(GJH)-2015-6-56] [REFERRED TO]
ASSOCIATION OF ENGINEERING WORKERS VS. HINDUSTAN MOTOR MANUFACTURING COMPANY [LAWS(BOM)-2015-5-89] [REFERRED TO]
M/S. ROHINI S. KURGHODE VS. M/S. E. MERCK (I) LIMITED [LAWS(BOM)-2016-10-73] [REFERRED TO]
SHASHI EXPORT PRIVATE LIMITED VS. STATE OF U P AND 2 OTHERS [LAWS(ALL)-2018-2-314] [REFERRED TO]
STATE OF U.P. AND ORS. VS. RAJ KARAN AND ORS. [LAWS(ALL)-2015-9-122] [REFERRED TO]
U.P.S.R.T.C. VS. SATISH CHANDRA [LAWS(ALL)-2017-2-156] [REFERRED TO]
HEMANT BABRUVAHAN PARCHAKE VS. SOCIAL WELFARE OFFICER [LAWS(BOM)-2021-6-39] [REFERRED TO]
EXECUTIVE DIRECTOR, HOTEL CLARKS AMER AND ORS. VS. LABOUR JUDGE NO. 1 AND ORS. [LAWS(RAJ)-2015-1-342] [REFERRED TO]
WIRES & FABRICS (SA) LTD. AND ORS. VS. PARASMAL JAIN AND ORS. [LAWS(RAJ)-2015-5-184] [REFERRED TO]
STATE OF U.P. VS. CHARAN SINGH [LAWS(SC)-2015-3-98] [REFERRED TO]
V PARAMASIVAM VS. SECOND ADDITIONAL LABOUR COURT [LAWS(MAD)-2018-1-696] [REFERRED TO]
EMPLOYERS IN RELATION TO THE MANAGEMENT OF TATA STEEL LIMITED VS. THE CONCERNED WORKMAN, PROBODH KUMAR SAHANI [LAWS(JHAR)-2016-2-7] [REFERRED TO]
MAINI DEVI VS. STATE OF JHARKHAND [LAWS(JHAR)-2017-5-13] [REFERRED TO]
STATE OF CHHATTISGARH VS. HEMLAL [LAWS(CHH)-2021-6-91] [REFERRED TO]
THE MANAGEMENT OF NATIONAL AEROSPACE LABORATORIES VS. ENGINEERING & GENERAL WORKERS UNION [LAWS(KAR)-2015-1-17] [REFERRED TO]
THE STATE OF H.P. AND ANOTHER VS. SH. PARVEEN KUMAR [LAWS(HPH)-2016-10-35] [REFERRED TO]
DR. UTTAM KUMAR SAMANTA VS. KIIT UNIVERSITY, REPRESENTED BY ITS VICE-CHANCELLOR [LAWS(ORI)-2017-4-7] [REFERRED TO]
BERGER PAINTS INDIA LIMITED REGIONAL OFFICE, VALIYARA CHAMBERS, K K ROAD VS. PRESIDING OFFICER LABOUR COURT [LAWS(KER)-2018-7-632] [REFERRED TO]
STATE OF CHHATTISGARH VS. RANJANA YADAV [LAWS(CHH)-2019-8-116] [REFERRED TO]
STATE OF CHHATTISGARH VS. NATHIYARAM RAJWADE [LAWS(CHH)-2019-2-170] [REFERRED TO]
STATE OF CHHATTISGARH VS. SUNDERLAL [LAWS(CHH)-2018-2-59] [REFERRED TO]
STATE OF CHHATTISGARH VS. DISTRICT ARYURVEDIC OFFICER [LAWS(CHH)-2018-10-243] [REFERRED TO]
NAGAR AYUKT NAGAR NIGAM KANPUR NAGAR VS. PRESIDING OFFICER LABOUR COURT AND ANR. [LAWS(ALL)-2018-5-777] [REFERRED TO]
MULTIPLEX CORPORATION VS. STATE OF U P AND 2 OTHERS [LAWS(ALL)-2018-9-116] [REFERRED TO]
U. P. S. R. T. C. VS. LABOUR COURT FAIZABAD [LAWS(ALL)-2019-5-255] [REFERRED TO]
EASTERN COALFIELDS LTD. VS. LACHMAN BHUIYA [LAWS(CAL)-2022-5-73] [REFERRED TO]
H.P. STATE CIVIL SUPPLIES CORPORATION LTD. VS. PRESIDING JUDGE [LAWS(HPH)-2017-6-6] [REFERRED TO]
WINSOME TEXTILE INDUSTRIES LIMITED VS. STATE OF HIMACHAL PRADESH & ANOTHER [LAWS(HPH)-2016-8-336] [REFERRED TO]
MOHAN LAL VS. DIVISIONAL FOREST OFFICER, CHAMBA [LAWS(HPH)-2016-7-341] [REFERRED TO]
HARBANS SINGH VS. INDUSTRIAL TRIBUNALCUMLABOUR COURT AND ANOTHER [LAWS(HPH)-2016-5-67] [REFERRED TO]
AMAR NATH AND ANOTHER VS. STATE OF H P AND OTHERS [LAWS(HPH)-2016-12-138] [REFERRED TO]
H P STATE CIVIL SUPPLIES CORPORATION LTD VS. PRESIDING JUDGE AND ANOTHER [LAWS(HPH)-2017-6-64] [REFERRED TO]
A.B.VENKATESWARA RAO VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2020-5-13] [REFERRED TO]
MUGATLAL PRANSHANKAR PANDYA VS. GUJARAT STATE ROAD TRANSPORT CORPORATION AND ORS. [LAWS(GJH)-2015-10-168] [REFERRED TO]
HARYANA ROADWAYS DELHI VS. RAKESH KUMAR AND ORS. [LAWS(DLH)-2015-4-76] [REFERRED TO]
STAR SHOE MALL VS. STATE OF TELANGANA [LAWS(TLNG)-2023-12-26] [REFERRED TO]
NIRANJAN SAHOO VS. STATE OF ODISHA [LAWS(ORI)-2021-6-24] [REFERRED TO]
RISHAVH KALIA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2017-7-56] [REFERRED TO]
SATPAL NAHAR VS. UNION OF INDIA AND OTHERS [LAWS(HPH)-2017-7-72] [REFERRED TO]
EXECUTIVE ENGINEER, HPSEBL VS. JAGDISH CHAND [LAWS(HPH)-2018-5-148] [REFERRED TO]
UTTAR HARYANA BIJLI VITRAN NIGAM LTD VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, ROHTAK AND ANOTHER [LAWS(P&H)-2014-9-680] [REFERRED]
M. ELIZABETH VS. MOTHER SUPERIOR ST.MARYS ENGLISH MEDIUM SCHOOL [LAWS(KER)-2017-1-134] [REFERRED TO]
KULVINDER SINGH VS. MANAGING PARTNER M/S COUSINS GUN MANUFACTURES MANDI [LAWS(HPH)-2016-12-201] [REFERRED TO]
THE STATE OF HIMACHAL PRADESH AND ANOTHER VS. SHRI RAJINDER SINGH [LAWS(HPH)-2016-6-58] [REFERRED TO]
STATE OF H.P. VS. KARNAIL SINGH [LAWS(HPH)-2016-4-128] [REFERRED TO]
STATE OF U.P. VS. LABOUR COURT [LAWS(ALL)-2023-5-12] [REFERRED TO]
STATE OF U.P. VS. LABOUR COURT [LAWS(ALL)-2023-5-12] [REFERRED TO]
HIRABHAI BHAGVANBHAI CHAVDA VS. PASCHIM GUJARAT VIJ CO LTD [LAWS(GJH)-2018-10-189] [REFERRED TO]
A.K. JOSHI AND ORS. VS. THE EXECUTIVE ENGINEER [LAWS(GJH)-2016-1-219] [REFERRED TO]
STATE OF CHHATTISGARH VS. GULABDAS LODHI [LAWS(CHH)-2019-11-134] [REFERRED TO]
SHATRUGHAN LAL SAHU VS. STATE OF CHHATTISGARH AND ORS. [LAWS(CHH)-2016-1-9] [REFERRED TO]
NAGAR PALIKA PARISHAD VS. PRESIDING OFFICER, LABOUR COURT AND ANOTHER [LAWS(ALL)-2016-8-47] [REFERRED]
BHARAT PUMPS AND COMPRESSORS LTD. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-3-241] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)These appeals are filed against the final judgment and order dated 10.03.2011 passed by the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 8784 of 2002 and also against judgment and order dated 12.10.2011 passed by the High Court of Allahabad in Civil Misc. Review/Recall Application No. 118006 of 2011 by allowing the writ petition filed by the respondent-employer and setting aside the award passed by the Labour Court which substituted the same by issuing direction to the respondent-employer (for short "the employer") to pay a sum of [pic]1,00,000/- as damages to the appellant-workman. The direction issued by the High Court in its judgment further states that the amount shall either be paid through draft to the workman or deposited before the Labour Court within three months for immediate payment to the workman. In case of default, 12% interest per annum shall be payable on [pic]1,00,000/- after three months till actual payment/deposit/realisation.
(3.)However, the backdrop of industrial dispute between the parties is briefly stated hereunder to find out whether the appellant is entitled for the relief as prayed in these appeals.
It is the case of the appellant-workman that he was appointed as Labour Supervisor in the employer's factory on 30.12.1992 and he worked continuously in terms of Section 25B of the Industrial Disputes Act, 1947 (for short "the I.D. Act") in the said post till 28.7.1998- the day on which his services were terminated. It is the case of the appellant- workman that he has worked for six calendar years from the date of his appointment till the termination of his service and he has rendered more than 240 days of continuous service in every calendar year before his termination. The respondent-employer terminated the services of appellant- workman on 27.7.1998 as per practice with the reason 'sanction expired'. The respondent-employer neither paid retrenchment compensation nor issued any notice or paid wages in lieu of the same to the appellant-workman as mandated under Section 6N of the U.P. Industrial Disputes Act (for short "the U.P. I.D. Act"). The respondent-employer engaged the appellant- workman for work against a post which was permanent in nature but his appointment was made only for a temporary period from 1992 to 1998 with oblique motive to deprive his statutory rights. At the end of every working year, the workman was handed over a receipt of 'relieved from work' and after 4-6 days, he was again engaged for three or six months but without proper procedure and in this manner, he was continuously made to work for full one year and each time the annual increase in wages was shown in the fresh appointment letter. During the entire period of service of the appellant-workman with the respondent-employer, the management followed the process of annually terminating him from service and again reappointing him in the same post by assigning the same Badge No., ID No. in the same department of Construction Division with the marginal increase of salary and dearness allowance per month.



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