G M TANDA THERMAL POWER PROJECT Vs. JAI PRAKASH SRIVASTAVA
LAWS(SC)-2007-10-47
SUPREME COURT OF INDIA
Decided on October 11,2007

G.M. TANDA THERMAL POWER PROJECT Appellant
VERSUS
JAI PRAKASH SRIVASTAVA Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) The State of Uttar Pradesh acquired land for the appellant company. Various land acquisition proceedings therefor were initiated. The Special Land Acuqisition Officer, the acquiring authority, expressed its intention to engage some daily wagers to look after the pending acquisition cases and asked the appellant to meet the said expenses or depute one of its staff for the said purpose. Appellant agreed to the proposal of the Special Land Acquisition Officer that a person on daily wages may be appointed on an ad hoc basis. The Special Land Acquisition Officer, inter alia, engaged three persons on daily wages. Their wages were paid from the fund provided for by the appellant. Appointments of the said employees were for a temporary period and so long as their services were necessary for the purpose of looking after the land acquisition cases, services of the said employees were necessary for the period 1.5.1981 to 6.3.1982.
(3.) The services of the respondent having been terminated with effect from 6.3.1982, an industrial dispute was raised. The State of Uttar Pradesh referred the following dispute for adjudication to the Presiding Officer, Labour Court, Lucknow : "Whether the termination/removal of Shri Jai Prakash Srivastava, Case-Clerk, son of Shri Gomti Prasad Srivastava, from services by the Management w.e.f. 6.3.1982, is just and legal If not, then to what benefit/relief the workman is entitled entitled -;


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