UTTARANCHAL FOREST DEVELOPMENT CORPORATION AND ANOTHER -PETITIONER Vs. PRESIDING OFFICER,LABOUR COURT AND ANOTHER -RESPONDENTS

JUDGEMENT

(1.) ALL these writ petitions have been filed impugning the award dated 30,.3.2001 and 28.08.2001 made by the Labour Court by one and common judgment, holding respondent No. 2, in all these writ peti­tion, workmen of the petitioner-Forest Development Corporation and directed the re-employment of workmen, who have been arrayed in the aforesaid writ petitions as respondent No. 2 with fifty per cent back wages.

(2.) ALL these eighteen Industrial dis­putes decided by the impugned award were referred in the following terms :­"Whether the termination of the serv­ices of applicant/workman (by name with father's name), Scaler by the employer from 31.05.1995 is illegal/ unjustified? If so, to which relief/ben­efit the applicant/workman is entitled to and to what extent?"

(3.) IT was contended before the In­dustrial Tribunal on behalf of the work­men that the notice as required under Rule-42 of U.P. Industrial Disputes Rules, 1957 was not sent to the Govern­ment and other authorities in the Form prescribed In reply to this contention of the workmen, the employer contended that the notices were sent, which are available on record in Reference Case Nos. 168 of 1997 and 191 of 1997 in respect of all the workmen. Even other­wise, the retrenchment will not be ille­gal if the notices were not sent.