KRISHI UTPADAN MANDI SAMITY MANGLOR Vs. PAHAL SINGH

JUDGEMENT

(1.) Leave granted.

(2.) Respondent herein was appointed as Kamgar on or about 1.1.1970. He was allegedly appointed in excess of the sanctioned strength. The post was also not approved by the Director of the Mandi Samiti. Indisputably, he was not appointed in terms of the procedures laid down in U.P. Krishi Utpadan Mandi (Amendment and Validation) Act, 1970 (Act) or the Regulations framed thereunder. He was again appointed on a temporary basis without approval of the Director as a Clerk Typist on 30.9.1972. One of the terms of the offer of appointment issued in his favour was that his services could be terminated at any time upon giving one months notice or pay in lieu thereof. The Authority was informed that several such appointments have been made in excess of the staff and that too without following the provisions of the Act and Rules and Regulations therein and also without obtaining the approval of the Director. It was directed that the services of the persons concerned be terminated, by a letter dated 10.1.1974; pursuant to or in furtherance whereof, the services of six employees including the respondent herein was terminated on 21.1.1974. One months notice allegedly was given therefor. It is stated that the relevant provisions of the U.P. Industrial Disputes Act were also complied with in relation thereto.

(3.) Respondent herein raised an industrial dispute on 2.5.1992. The State of Uttar Pradesh referred the following dispute for adjudication by the Labour Court, Meerut: