Court No. - 6 Case :- WRIT - C No. - 1943 of 2010 Petitioner :- Nagar Palika Parishad Hapur Respondent :- State Of U.P. And Others Petitioner Counsel :- T.N. Pandey Respondent Counsel :- C.S.C.,S.T.H. Jilani Hon'ble Arun Tandon,J.
Learned Standing Counsel represents for respondent nos.1 and 2. Notice on
behalf of respondent no.3 has been accepted by Sri S.T.H. Zilani, Advocate.
They pray for and are granted four weeks’ time to file counter affidavit.
Petitioner shall have two weeks time to file rejoinder affidavit thereafter.
List on 10th March, 2010.
On behalf of the petitioner it is contended that admittedly the workman was
appointed without following procedure prescribed under law in the
employment of Nagar Palika Parishad, Hapur, Ghaziabad. Since his entry into
service was through back-door, his employment has been terminated in the
like manner. The Labour Court is not justifying in directing reinstatement
with continuity of service. Compensation for violation of provisions of
Section 6N of U.P. Industrial Disputes Act should have been the proper relief.
Matter requires enquiry by this Court.
Till the next date of listing, execution of the impugned award dated 3rd
January, 2009 passed by Labour Court (2), Ghaziabad in Case No. 314/96
shall remain stayed.
Order Date :- 18.1.2010
Sushil/-