UTTAR PRADESH BHUTPURVA SAINIK KALYAN NIGAM LTD Vs. PRESIDING OFFICER, LABOUR COURT AND ANOTHER
LAWS(UTN)-2012-9-194
HIGH COURT OF UTTARAKHAND
Decided on September 24,2012

Uttar Pradesh Bhutpurva Sainik Kalyan Nigam Ltd Appellant
VERSUS
Presiding Officer, Labour Court And Another Respondents

JUDGEMENT

- (1.) Since both the writ petitions raises a common issues, they are being decided together. For facility, facts of Writ Petition No. 296 of 2002 (S/B) is being taking into consideration.
(2.) By means of this writ petition, the petitioner has challenged the validity and legality of the award passed by the Labour Court directing reinstatement of the workman with 50% backwages.
(3.) The facts leading to the filing of the writ petition is, that the petitioner is a company registered under the Companies Act and is Govt. of U.P. undertaking. The main object of this company is to provide employment to ex-serviceman of Indian Army, Navy and Air Force. The petitioner entered into an agreement with Tehri Hydro Development Corporation Limited for providing security guards to this Corporation. Pursuant to this agreement, respondent No. 2, i.e., the workman was engaged as a security guard in the T.H.D.C. Limited through the petitioner. The engagement of the petitioner was contractual and extended from time to time. By an order dated 30th June, 2000, the services of the workman was terminated on the ground that he was not an ex-serviceman. The petitioner, being aggrieved by the termination order, raised an industrial dispute. The terms of the reference is somewhat like this : "Whether the employer were justified in terminating the services of the workman w.e.f 30th June, 2000 If not, to what relief the workman is entitled to -;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.