ARUN VIHAR RESIDENTS WELFARE ASSOCIATION Vs. STATE OF U.P
LAWS(ALL)-2019-9-372
HIGH COURT OF ALLAHABAD
Decided on September 13,2019

Arun Vihar Residents Welfare Association Appellant
VERSUS
STATE OF U.P Respondents

JUDGEMENT

- (1.) Heard Sri Diptiman Singh, learned counsel for the petitioner and Sri Shekhar Srivastava, learned counsel appearing on behalf of the third respondent.
(2.) The core issue which arises in the present petition is as to whether an association or society of apartment owners employing persons for rendering personal services to its members can be held to be an "industry" and its employees can be held to be "workmen" under the provisions of the Industrial Disputes Act, 19471 or under the U.P. Industrial Disputes Act, 19472.
(3.) The petition arises out of an award dated 22.07.2017 passed by the Labour Court in Adjudication Case No.1493 of 2008 whereby the reference with regard to the legality/validity of the termination of services of the third respondent w.e.f. 04.12.2002 has been answered by the Labour Court by holding that the termination having been made without following the provisions of Section 6N of the U.P.I.D. Act, 1947, the same would amount to an illegal retrenchment, and in view thereof a direction has been issued for reinstatement of the the third respondent in service with full back wages and all consequential benefits.;


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