SHRINATH MISHRA Vs. MUKHYA NAGAR ADHIKARI NAGAR NIGAM ALLAHABAD
LAWS(ALL)-2006-9-14
HIGH COURT OF ALLAHABAD
Decided on September 13,2006

SHRINATH MISHRA Appellant
VERSUS
MUKHYA NAGAR ADHIKARI NAGAR NIGAM ALLAHABAD Respondents

JUDGEMENT

- (1.) BY means of this writ petition the petitioner has challenged the orders dated 23-7-2003 and 20-4-2004 passed by Labour Court, allahabad, whereby his application under section 6h (2) of the U. P. Industrial Disputes Act read with section 33c (2) of the Industrial Disputes Act, 1947 has been rejected:
(2.) THE brief facts of this case are that on 25-5-1985 the petitioner was engaged on daily wage basis in the electricity department of the Nagar Nigam, allahabad. However, after 10-12-1986 the Nagar nigam stopped taking work from the petitioner. The petitioner thereafter raised an industrial dispute which was referred to the Labour Court, Allahabad and registered as Adjudication Case No. 113 of 1987. By an award dated 21 -11 -1988, the termination of the services of the petitioner was set aside and the Nagar Nigam was directed to reinstate the petitioner with full back wages. In the year 1994 the petitioner filed an application under section 33c (2)/ 6h (2) before the Labour Court for payment of his wages for the period 11-12-1986 to 15-2-1994. The said application was allowed by the Labour Court vide order dated 27-8-2000 and consequently the petitioner was paid his wages for the aforesatd period. Then again in the year 2002, the petitioner filed another application under section 33g (2)/ 6h (2) for computation and payment of his salary for the period 15-2-1994 to 20-11-2002, which was registered as Misc. Case No. 133 of 2002. The labour Court, vide its order dated 23-7-2003, has rejected the said application and held that the petitioner was not entitled to any payment of salary. The petitioner thereafter filed a review application which has also been rejected by the Labour Court vide its order dated 20-4-2004. Aggrieved by the aforesaid orders dated 23-7-2003 and 20-4-2004, the petitioner has filed this writ petition.
(3.) I have heard Sri B. D. Shukla, learned Counsel for the petitioner as well as Sri R. K. Misra, learned counsel for the contesting respondent No. 1 and have perused the record. Pleadings have been exchanged and with the consent of the learned Counsel for the parties, this writ petition is being disposed of at this stage.;


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