UTTRANCHAL FOREST DEVELOPMENT CORPORATION Vs. M C JOSHI
LAWS(SC)-2007-2-52
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on February 23,2007

UTTRANCHAL FOREST DEVELOPMENT CORPORATION Appellant
VERSUS
M.C.JOSHI Respondents

JUDGEMENT

S. B. Sinha, J. - (1.) Leave granted.
(2.) Appellant (Corporation) herein is a Corporation incorporated under U.P. Forest Development Corporation Act. It is a successor of the UP Forest Corporation. It engages seasonal workers as and when any requirement arises therefor. Respondent was employed as a daily wager by the Corporation on or about 1.8.1989. His services were terminated on 24.11.1991. He allegedly completed 240 days of continuous work in a period of twelve months preceding the order of termination. He did not raise any industrial dispute for a long time. He approached the Conciliation Officer on or about 2.9.1996 i.e after a period of about 6 years. Conciliation effort between the parties having failed, a reference was made by the State of Uttaranchal for adjudication of the following dispute to the Labour Court. "Whether dispensation with the services of Shri Mohan Chand Joshi son of Sh. N.B. Joshi, Field Assistant w.e.f. 24.11.1991 by the employer is valid and/or legal If not, what benefit/damages along with other benefits the workman is entitled for."
(3.) By reason of an award dated 28.4.2003, the Labour Court opining that the appellant herein contravened the provisions of Section 6N of U.P. Industrial Disputes Act, 1947 directed the reinstatement of the respondent with 50% of back wages with effect from 9.9.1997. Aggrieved thereby and dissatisfied therewith, a writ petition was filed by the appellant herein which was allowed in part by reason of the impugned judgment reducing the back wages to 25%.;


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