TMI Blog2007 (12) TMI 411X X X X Extracts X X X X X X X X Extracts X X X X ..... me also appears to be somewhat unintelligible. The High Court, on the other hand, did not consider the effect of non- compliance of the provisions of Section 6N of the U.P. Industrial Disputes Act, 1947. Appellant was entitled to compensation notice and notice pay. As the appellant had worked only for a short period, the interest of justice will be subserved if the High Court judgment is modified by directing payment of a sum of Rs.50,000/- (Rupees fifty thousand only) by way of damages to the appellant by the respondent. Such payment should be made within eight weeks from this date, failing which the same will carry interest at the rate of 9% per annum. - Appeal (civil) 5875 of 2007 - - - Dated:- 13-12-2007 - SINHA, S.B. AND SINGHVI, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent-employee could not have been deployed against any class-III post and the appointment is said to have been de hors the rules and daily wagers are not entitled to opportunity of hearing at the time of dispensation of service on the ground of misconduct. Here the award impugned passed by the Presiding Officer, Labour Court did not consider that the termination order dated 16.9.1989 was passed in reference to serious irregularities and misconduct. I find force in the contention of the petitioner. The deployment of daily wagers are made in exigency of work and when there was no work the deployment of daily wagers is dispensed with without any notice or opportunity of hearing, even non-renewal of appointment in consonance to the terms and con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ors which are relevant for determining the same, inter alia, are: (i) whether in making the appointment, the statutory rules, if any, had been complied with; (ii) the period he had worked; (iii) whether there existed any vacancy; and (iv) whether he obtained some other employment on the date of termination in passing of the award. 8. Respondent is a Local Authority. The terms and conditions of employment of the employees are governed by a statute and statutory rules. No appointment can be made by a Local Authority without following the provisions of the recruitment rules. Any appointment made in violation of the said rules as also the constitutional scheme of equality as contained in Articles 14 and 16 of the Constitu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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