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february 2008

Supreme Court of India · 2008-02-15

Ghaziabad Development Authority & Anr vs Ashok Kumar & Anr

Citation / case number
AIR 2008 SC (SUPP) 1334
Court
Supreme Court of India
Petitioner
Ghaziabad Development Authority & Anr
Respondent
Ashok Kumar & Anr
Author
S.B. Sinha
Bench
S.B. Sinha, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court upheld the Labour Court's decision that the disengagement of the respondent, who had worked for more than 240 days, violated Section 6-N of the Uttar Pradesh Industrial Disputes Act, 1947. The Court clarified that the appellant, as a Local Authority, was required to comply with the statutory provisions regarding retrenchment. The Court affirmed the Labour Court's order for reinstatement with full back wages, rejecting the appellant's argument that the respondent's employment was on a periodical basis and thus exempt from the provisions of the Act.

Ghaziabad Development Authority & Anr vs Ashok Kumar & Anr · Niyam