MURARI LAL SHARMA Vs. NEHRU YUNA KENDRA SANGATHAN

JUDGEMENT

(1.) This is a Letters Patent Appeal directed against the judgment and order of the learned Single Judge in CWP No. 5754/98 dated 26/05/2000 whereby the award of the Labour Court in I.D.No. 26/1992 dated 2/03/1998 was modified. Briefly stated the facts giving rise to the aforesaid appeal are as follows :- The appellant joined the Nehru Yuva Kendra Sangathan as Peon. He worked in that capacity till 5/02/1987. While working as Peon he applied for the post of Accounts Cleark with the respondent. On 4/04/1988 he was appointed as Accounts Clerk at Nehru Yuva Kendra. Sangathan, Agra. On 30/11/1988 his services were terminated. Aggrieved by the order of termination he sought a. reference to the Industrial Tribunal. The Central Government referred the following dispute to the Industrial Tribunal :-

(2.) The Industrial Tribunal vide its award dated 2/03/1998 held that the Regional Coordinator, Agra, was not justified in terminating the services of the workman. It came to the conclusion that the provisions of section 25F of the Industrial Disputes Act, 1947 were not complied with by the respondent inasmuch as the appellant had not been paid any retrenchment compensation nor was he given one month's notice or pay in lieu thereof. Consequently, the Tribunal directed reinstatement of the workman-with full back wages and other benefits which would have accrued to him had he been in service. The Industrial Tribunal while passing the aforesaid direction also rejected the plea of the respondent that Nehru Yuva Kendra Sangthan was not an industry within the meaning of section 2(j) of the Industrial Disputes Act.

(3.) The respondent dissatisfied with the award filed a writ petition. Though the learned Single Judge agreed with the Industrial Tribunal that the termination of the appellant's services was bad in law, at. the same time it was not considered proper to grant the relief of reinstatement with full back wages to the appellant, while taking this view the learned Single Judge observed as under :-