Allahabad Court May 2012 Judgments

Vinod Prakash Chaturvedi Vs. Presiding Officer, Labour Court and Other ...

Court: Allahabad

Reported in: 2012(3)LLN547

Sudhir Agarwal, J. 1. Heard Sri S.N. Dubey, learned counsel for petitioner and perused the record. 2. Writ petition is directed against the order dated 17.7.1997 passed by Labour Court rejecting petitioner's application moved under Section 33-C (2) of Industrial Disputes Act, 1947 (hereinafter referred to as "Central Act, 1947") claiming extra wages on the ground that he has discharged extra duties. The Labour Court has observed that matter includes certain issues which require investigation into disputed questions of fact and that adjudication is not permissible on an application under Section 33-C (2) of Central Act, 1947 but it should be adjudicated in a regular manner by raising industrial dispute under Section 4-K of U.P. Industrial Disputes Act, 1947 (hereinafter referred to as "U.P. Act, 1947") or Section 10 (1) (c) of Central Act, 1947. 3. It is not the case of petitioner that the various factual issues were already admitted by the employer or adjudicated by competent authority...

Ram Kumar Vs. State of U.P. and Others

Court: Allahabad

Anil Kumar, J. 1. Heard Sri R.J. Trivedi, learned counsel for the petitioner, learned Standing Counsel and perused the record. By means of present writ petition, petitioner has challenged the impugned order of termination dated 1.6.1992 (Annexure no.5) passed by opposite party no.2 as well as the order dated 18.1.1993(Anexure no.7) by which the petitioner's representation was rejected by opposite party no.2./ Commandant, Kendriya Nagrik Suraksha prishikshan Sanstahan, Lucknow which comes under U.P. Civil Defence Services . 2. Learned counsel for the petitioner submits that the petitioner was initially engaged on ad-hoc basis as Sweeper on 13.12.1985. Subsequently, the vacancy occurred in the Sansthan, the names were called from Employment Exchange by opposite party no.2 . In pursuance of the same, petitioner submitted his candidature and was called for interview and by order dated 9.8.1990 (Annexure non.3) he was appointed on temporary basis on the post of Sweeper under opposite party ...