JUDGEMENT
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(1.) BY this writ petition, the petitioner is challenging the award
of the Labour Court dated 5.5.1998 passed in adjudication
proceedings No. 26 of 1990.
(2.) THE brief facts of the case are that the respondent No. 2
raised an industrial dispute with regard to termination of his
services w.e.f. 1.1.1989. The matter was referred to the
Labourt Court. The case of the respondent No. 2 before the
Labour Court was that he was engaged as a supervisor in
the petitioner-department from 1.2.1979 and he worked as
such till 31.12.1988 and w.e.f. 1.1.1989 his services were
dispensed with.
His contention is that while terminating his services, he was
not paid retrenchment compensation and the department
being an 'Industry' and the respondent No. 2 having
completed more than 240 days of continuous service in 12
calendar months preceding the date of termination, he was
entitled for retrenchment compensation and for
reinstatement in service. An objection was raised that the
Labour Court has no jurisdiction to entertain the matter.
(3.) IT was further contended by the petitioner-department that the petitioner has been engaged purely as a casual labourer
in the Flood Works Division, Deoria. The work being not of
a permanent nature, his services were dispensed with w.e.f.
1.1.1989 when the work came to an end.;
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