Allahabad High Court
State Of U.P. Thru' Superintendent ... vs Sri Dharmendra Kumar Shukla And Another on 3 January, 2014
Author: Rajes Kumar
Bench: Rajes Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 33 Case :- WRIT - C No. - 71396 of 2013 Petitioner :- State Of U.P. Thru' Superintendent Engineer, P.W.D., Agra Respondent :- Sri Dharmendra Kumar Shukla And Another Counsel for Petitioner :- C.K. Rai Counsel for Respondent :- Rajesh Tiwari Hon'ble Rajes Kumar,J.
Sri C.K. Rai, learned Standing Counsel, states that the order of reinstatement is wholly unjustified. The respondent has worked only for two months and, therefore, the provision of Section 6-N of the U.P. Industrial Disputes Act, 1947 (hereinafter referred to as "Act, 1947") does not apply and even if it is applicable, the respondent is only entitled for compensation for non-issue of notice under Section 6-N of the Act, 1947 and his services cannot be reinstated.
Sri Rajesh Tiwari, learned counsel appearing on behalf of respondent no. 1 prays for and is granted two weeks time to file counter affidavit.
List in week commencing 20.1.2014.
Till the next date of listing, the operation of the order dated 23.1.2013 passed by the Labour Court, Agra, Annexure-9 to the writ petition, shall remain stayed.
Order Date :- 3.1.2014 OP