STATE OF U.P. Vs. CHARAN SINGH

JUDGEMENT

(1.) This appeal has been filed against the impugned judgment and final order dated 18.07.2006, passed by the High Court of Judicature at Allahabad, in Civil Misc. Writ Petition No. 2588 of 1998, whereby the High Court has upheld and modified the Award passed by the Industrial Tribunal dated 24.02.1997 in Adjudication Case No.139 of 1992.

(2.) The factual matrix and the rival legal contentions urged on behalf of the parties are briefly stated hereunder with a view to find out whether the impugned judgment and order of the High Court warrants interference by this Court in exercise of its appellate jurisdiction.

(3.) The respondent was appointed as a temporary Tube-well Operator w.e.f. 06.03.1974 by the Assistant Director of Fisheries Department, Meerut (U.P). His services were terminated vide letter dated 22.08.1975 stating thereby that he was a temporary employee and that his services were no longer required by the Department. He was given one month's wages in lieu of the notice. On 01.05.1976, the respondent filed a petition before the Conciliation Officer, Meerut, stating therein that the respondent's employment has been wrongfully terminated by the appellant as he is a permanent employee of the Fisheries Department and the provisions under Section 6-N of the Uttar Pradesh Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"), which are mandatory in nature, have not been complied with and as such, the termination of the services of the respondent by the appellant is illegal. The matter was transferred from the Conciliation Officer to the Labour Commissioner, Kanpur for adjudication. The respondent made several representations before various high offices and courts including this Court wherein, the same was forwarded to the Secretary, U.P. State Legal Aid and Advisory Board on 09.09.1986 to take necessary action in this regard, which instead directed the respondent to contact the Sabhapati, District Judge, District Law Assistance and Consultant, Civil Court premises, Meerut for consultation.