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Zila Panchayat Mathura And Another vs The Dy. Labour Commissioner, Agra And ... on 2 August, 2011 cites

Mahboob Deepak vs Nagar Panchayat Gajraula & Anr on 13 December, 2007

11. The aforesaid two decisions of this Court in Mahboob Deepak v. Nagar Panchayat, Gajraula & Another (supra) and Ghaziabad Development Authority & Another v. Ashok Kumar & Another (supra) have no application to the facts in this case. In the present case, the respondent has not taken any stand before the Labour Court in his objections that the post in which the workman was working was not sanctioned or that his engagement was contrary to statutory rules or that he was employed elsewhere or that there was no vacancy. In the absence of any pleadings, evidence or findings on any of these aspects, the High Court should not have modified the Award of the Labour Court directing re-instatement of the appellant with 50% back wages and instead directed payment of compensation of Rs.50,000/- to the appellant.
Supreme Court of India Cites 5 - Cited by 361 - S B Sinha - Full Document

Ghaziabad Development Authority & Anr vs Ashok Kumar & Anr on 15 February, 2008

10. The High Court has also relied on the decision of this Court in Ghaziabad Development Authority & Another v. Ashok Kumar & Another (supra) and on reading of the aforesaid decision we find that the contention of the management before the Labour Court was that the post, in which the workman was working in that case, was not sanctioned after 31.03.1990 and this was not disputed by the workman and this Court held that if there did not exist any post, the Labour Court should not have directed re-instatement of the workman in service.
Supreme Court of India Cites 8 - Cited by 244 - S B Sinha - Full Document
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