Court : Uttaranchal
Reported in : (2010)ILLJ26UC
Prafulla C. Pant, J. 1. By means of this writ petition, moved under Article 226 read with Article 227 of the Constitution of India, the petitioner has sought writ in the nature of certiorari, quashing the order dated February 28, 1987, passed by the Labour Court, in Adjudication Case No. 91 of 1982, whereby the said Court has directed to reinstate respondent No. 4 Harnam Singh Kapur, with back wages. While passing said order, the Labour Court has further observed that there is no retirement age of the workman and he is entitled in petitioner's establishment to continue working, till he is mentally and physically fit.2. Heard learned Counsel for the parties and perused the affidavit, counter affidavit and rejoinder affidavit filed by the parties.3. The question referred by the State Government to the Labour Court as an industrial dispute reads as under:Whether, dismissal/termination of the workman Harnam Singh Kapur (respondent No. 4) S/o Sardar Shiv Singh by the employers on May 29, 19...
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2010Utr24
V.K. Gupta, C.J.1. Present writ petition has been filed by the petitioner for declaring Sub-clause (iii-a) of Clause (g) of Sub-section (1) of Section 95 of U.P. Panchayat Raj Act, 1947 adapted by Uttaranchal Adaptation and Modification Order, 2001 (hereinafter referred to as 'Panchayat Raj Act') ultra vires to Article 243(O) of the Constitution of India and also for quashing show cause notice dated 18-10-2008 issued by the District Magistrate, Dehradun.2. Brief facts of the case are that the petitioner is the daughter of Shri Satya Prakash Tanwar who belongs to cast 'Tanwar'. 'Tanwar' along with 'Singhariya' is shown in the category of Other Backward Class (for short O.B.C.) specified in the Uttarakhand State. 'Tanwar' and 'Singhariya' are two different Backward Classes and both are notified at SI. No. 69 and separated by a disjunctive. The parents of the petitioner were the residents of Delhi and she normally resided with them before her marriage. She was born and brought up in Delhi...
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