UTTAR PRADESH BHUTPURVA SAINIK KALYAN NIGAM LTD Vs. PRESIDING OFFICER, LABOUR COURT AND ANOTHER
HIGH COURT OF UTTARAKHAND
Uttar Pradesh Bhutpurva Sainik Kalyan Nigam Ltd
Presiding Officer, Labour Court And Another
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(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
(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 -;
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