Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Uttar Pradesh Industrial Disputes Act 1947 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India U.p. Industrial Disputes Act, 1947 (28 of 1947) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Uttar Pradesh Industrial Disputes Act, 1947 - s. 6-N - Termination of service - After two years of service - lndustrial dispute alleging non-compliance of s. 6-N - Workman claiming to have worked for 240 days in a year - Employer's stand that employment taken under an agreement providing for a specific date for termination thereof- Labour court holding the workman entitled to reinstatement with back wages - Confirmed by High Court - On appeal, held: In absence of proof regarding the employment being under an agreement providing for date of termination, the workman would be deemed to have worked for the entire period of two years - Workman having worked for 240 days in a year, compliance of s. 6-N was obligatory- However, since there was no sanction by State for creation of such post, reinstatement of the workman is not called for - A statutory authority is obliged to make recruitments only on compliance of Articles 14 and 16 of the Constitution - Workman is entitled to relief of compensation instead of reinstatement- Constitution of India, 1950-Articles 14 and 16- Industrial Disputes Act, 1947- ss. 2(oo), (bb) and 25-B. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2008 INSC 200 |
Petitioner | Ghaziabad Development Authority & Anr. |
Respondent | Ashok Kumar & Anr. |
SCR | [2008] 2 S.C.R. 1069 |
Judgement Date | 2008-02-15 |
Case Number | 1322 |
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