Kamlesh Singh v. Presiding Officer And Another

1. Special leave granted.

2. The Labour Court has held that Section 6-N of the U.P Indusuial Disputes Act controls Section 6-P also and, therefore, for the application of Section 6-P, the requirement of Section 6-N that a workman must be continuously employed for the prescribed period must be satisfied. We do not think so. Section 6-P is independent of Section 6-N and by its own force it prescribes that the employer shall ordinarily retrench the workman who was the last person to be employed in the category. The order of the Labour Court is set aside and the matter is remitted back to the Labour Court for granting appropriate relief to the workman by applying Section 6-P. The workman is entitled to his costs. Parties are at liberty to adduce additional evidence, if necessary. The appeal is disposed of accordingly.