IRRIGATION RESEARCH INSTITUTE & ANR versus KRIPAL SINGH
Since there is confusion regarding computation of actual working days and inclusion of holidays, as well as effect of delayed approach, matter is remitted to Tribunal to determine actual days worked by respondent and modulate relief accordingly.
Source-derived case information.
- Parties
- Appellant: Irrigation Research Institute & Another; Respondent: Kripal Singh
- Jurisdiction
- India
- Judgment Date
- 07 December 2007
- Procedural Posture
- Civil Appeal / Appeal From High Court Judgment
- Outcome
- Appeal partly allowed; matter remitted to Tribunal
- Legal Topics
- Termination of Service, Industrial Dispute, Computation of Working Days, Delay in Raising Dispute
Source-derived case record
Summary, issues, holding and outcome
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Parties
Irrigation Research Institute & Another
Appellant
Kripal Singh
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Legal Issues
- 1 Whether termination of services of Kripal Singh was justified or legal under Section 6(N) of UP Industrial Disputes Act, 1947
- 2 Whether the respondent had worked for more than 240 days in a calendar year
- 3 Effect of delay in raising industrial dispute
Ratio Decidendi
Since there is confusion regarding computation of actual working days and inclusion of holidays, as well as effect of delayed approach, matter is remitted to Tribunal to determine actual days worked by respondent and modulate relief accordingly.
Court Disposition
Appeal partly allowed; matter remitted to Tribunal
Orders
- Matter remitted to Tribunal to compute actual days worked and modulate relief taking delay into account.
- No order as to costs.
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