Deoria Kasia Zila Sahkari Bank Ltd vs State Of U.P. & Anr on 16 July, 2008

                                   IN THE SUPREME COURT OF INDIA
                     CIVIL APPELLATE JURISDICTION
                              CIVIL APPEAL No.3460 OF 2006



DEORIA KASIA ZILA SAHKARI BANK LTD.                                    .....APPELLANT(S)


                                    VERSUS


STATE OF U.P. & ANR.                              ....RESPONDENT(S)


                            O R D E R

Heard learned counsel for the parties.

In our view, this appeal is concluded by concurrent findings of fact of courts below. The

Labour Court and the High Court have come to a finding that respondent No.2 had completed

more than 240 days and, therefore, he could not be thrown out without following the provisions

under Section 6-N and 6-P of U.P.Industrial Disputes Act. We, therefore, do not find any ground

to interfere with the impugned order and the appeal is accordingly dismissed. There shall be no

order as to costs.

The appellant is directed to reinstate respondent No.2 within six weeks from the date of

communication of this order if not already done in the meantime.

We also make it clear that respondent No.2 shall not be entitled to any back wages.

………………………..J.

( TARUN CHATTERJEE )

………………………..J.

( AFTAB ALAM )
NEW DELHI;

JULY 16, 2008.