WPMS/897/2025
2025 Latest Caselaw 2517 UK

Uttarakhand High Court

WPMS/897/2025 on 27 March, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

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08                                WPMS No.897 of 2025
                                  Hon'ble Ravindra Maithani, J.

Mr. Dushyant Mainali, Advocate for the petitioners.

Heard.

The challenge in this petition is made to the award dated 26.02.2024, passed by the Presiding Officer, Labour Court, Dehradun.

Admit.

Issue notices to the respondent returnable within six weeks.

Steps to be taken within a week. Respondent may file counter affidavit within four weeks.

Two weeks thereafter, rejoinder affidavit, if any, may be filed.

List this matter on 05.05.2025. Heard on Stay Application, IA No.1 of

By the impugned award, passed on 26.02.2024, in Adjudication Case No.97 of 2009, the Labour Court, Dehradun, held that the respondent is entitled to reinstatement in service with continuity of service from the date of his termination.

Learned counsel for the petitioner would submit that the respondent could not even establish that he was ever workman of the petitioner. There are certain factors that are to be taken into consideration in such situation, as has been detailed by the Hon'ble Supreme Court in the case of Y.K. Sabharwal and S.B. Sinha, JJ. Vs. State of Tamil Nadu and Others, 2004(2) Supreme 50, in Para 38, which includes as to (a) who is the appointing authority; (b) who is the pay master; (c) who can dismiss; (d) how long alternative service lasts; (e) the extent of control and supervision; (f) the nature of the job, e.g. whether, it is professional or skilled work; (g) nature of establishment; (h) the right to reject.

Perused the impugned judgment. Having considered, this Court is of the view that as an interim measure, till the next date of listing, the operation of the impugned order shall remain in abeyance.

Stay Application stands disposed of, accordingly.

(Ravindra Maithani J.) 27.03.2025 RV