Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Labour Laws: V.P. Industrial Disputes Act-Section 6N-Training scheme sponsored by State-I 1 trainees selected and absorbed in regular service |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Labour Laws: V.P. Industrial Disputes Act-Section 6N-Training scheme sponsored by State- 11 trainees selected and absorbed in regular service-Scheme withdrawn, whereupon services of remaining trainees including Respondent terminated-Challenge to the termination-Held, a trainee has no right to be absorbed-High Court erred in concluding commission of unfair labour practice only on the premise that services of 11 similarly situated persons had been regularised-It also failed to take note of the allegation that Respondent D did not qualify for absorption-Even where termination is without compliance of S. 6N of the Act, re-instatement cannot be ordinarily directed when termination is co-terminus with the scheme-Apprentices Act, 1961. Respondent was appointed as a trainee/apprentice in terms of a scheme sponsored by State Government in the cane department of Appellant Mills. 45 such trainees were interviewed, 11 of whom were selected and absorbed in regular service. Respondent allegedly did not qualify. He and the other trainees continued to perform their duties as trainees/apprentices. The scheme sponsored by the State Government came to an end and no fund therefor having been made available, the services of all the remaining 34 trainees including Respondent were terminated. Respondent was paid compensation as envisaged under Section 6N of the U.P. Industrial Disputes Act. He raised industrial dispute but the Labour Court rejected it. Respondent filed writ petition questioning the Award on which a Single Judge of High Court held that the Appellant adopted unfair labour practice and that there could not be any justification for not employing Respondent as others had been absorbed. Hence the present appeals |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2005 INSC 67 |
Petitioner | Dhampur Sugar Mills Ltd. |
Respondent | Bhola Singh |
SCR | [2005] 1 S.C.R. 1123 |
Judgement Date | 2005-02-08 |
Case Number | 1262-63 |
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