STATE OF U P Vs. PRESIDING OFFICER
LAWS(ALL)-2012-8-214
HIGH COURT OF ALLAHABAD
Decided on August 14,2012

STATE OF U P Appellant
VERSUS
PRESIDING OFFICER Respondents

JUDGEMENT

- (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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