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  • provisions of Section 6 N of the U.P Industrial Disputes Act
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  • provisions of Section 6 N of the U.P Industrial Disputes Act

    State Of U.P Petitioner v. Ram Lakhan Kori And Another S

    Hon'ble Bharati Sapru, J.

    This is a petition by the State against an award of the Labour Court passed in Adjudication Case No. 28 of 2011 by which the respondent-workman has been reinstated in service with full back wages. The finding recorded in the award is that the provisions of Section 6 N of the U.P Industrial Disputes Act have been violated and, therefore, the respondent-workman should be reinstated with full back wages.

    The respondent-workman on his own saying has only worked for two and a half years and not more than that. In the recent judgments the Hon'ble Apex Court has held that violation of provisions of Section 6N would not automatically result in the reinstatement of the workman. At the most he would be entitled to some compensation. Reliance may be placed in U.P State Brassware Corp. Ltd. v. Udai Narain Pandey reported in 2006 (I) SCJ 459 and Assistant Engineer, Rajasthan Development Corporation v. Gitam Singh reported in (2013) 5 SCC 136.

    In view of the above, this Court is of the opinion that the best interest of justice would be served if the respondent-workman is granted the compensation of Rs. 75,000/- as a settlement in this case. This amount is considered adequate in view of the fact that there is no discussion in the award as to whether the workman was gainfully employed or not. The grant of full back wages is, therefore, not justified.

    With the above observation/modification the award is confirmed.

    The Writ Petition is partly allowed. No costs.

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    State Of U.P Petitioner v. Ram Lakhan Kori And Another S
    (Jul 14, 2014)