STATE OF UTTARANCHAL THROUGH, THE SUPERINTENDING ENGINEER, IRRIGATION RESEARCH INSTITUTE, ROORKEE, DISTT. HARIDWAR Vs. SRI JAGPAL SINGH TYAGI AND ANOTHER
LAWS(ALL)-2004-2-270
HIGH COURT OF ALLAHABAD
Decided on February 24,2004

State of Uttaranchal through, The Superintending Engineer, Irrigation Research Institute, Roorkee, Distt. Haridwar Appellant
VERSUS
Sri Jagpal Singh Tyagi Respondents

JUDGEMENT

RAJESH TANDON,J. - (1.) HEARD Sri J.P. Joshi, learned Standing Counsel for the petitioner and Sri Pankaj Miglani, learned Counsel for the Respondent No. 1.
(2.) BY means of this writ petition, the petitioner has prayed for the issue a writ, order or direction in the nature of certiorari for quashing the order dated 28.3.2001 passed by the Presiding Officer, Labour Court, Dehradun in dispute No. 1/2001. Brief facts giving rise to the present writ petition are that the Respondent No. 1 namely, Sri Jagpal Singh Tyagi was engaged as Gauge Reader for a short period as per requirement of the Irrigation Research Institute, Roorkee w.e.f. 15.11.1976 to 30.5.1979, 1.6.1979 to 30.3.1980, 1.4.1980 to 3.9.1980, 4.9.1980 to 2.11.1980 and lastly from 3.11.1980 to 28.2.1982 as a daily wager and for some time as a temporary work charge employee. However, after 28.2.1982, the Studies Project was completed and there was no need of services of the petitioner and similar other work charge employees. The services of Respondent No. 1 and others came to end automatically as per terms and conditions of their engagement. Accordingly, services of the Respondent No. 1 alongwith other work charge employees were terminated vide order dated 25.2. 1982.
(3.) LEARNED Standing Counsel has further submitted that against the order of discontinue of service, the respondent raised an industrial dispute before the Reconciliation Officer, Saharanpur in 1988, who after examination the matter, dismissed the claim of the Respondent No. 1 on 25.1.1990 and no reference was made under the Industrial Disputes Act.;


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