DHARAM SINGH Vs. PRESIDING OFFICER, LABOUR COURT

JUDGEMENT

(1.) BY means of this writ petition petitioner prayed for a writ in the nature of certiorari quashing the impugned award dated 26.8.2000 and as a consequence thereof a writ in the nature of mandamus directing the respondent No.2 to reinstate the petitioner.

(2.) THE petitioner worked as a Baildar in the establishment of the respondent No.2 as a muster roll employee since 4.5.1982 to 4.6.1992. He was ceased from doing any work on 4.6.1992 without any prior notice. He raised a labour dispute for redressal of his grievance and the dispute was referred to Labour Court under section 4 -K of the U.P. Industrial Disputes Act, 1947 (hereinafter referred as Act) by the State Government. The dispute referred was "whether the act of the employer in not taking any work from the petitioner - Baildar w.e.f. 4.6.1992 was proper and legal?." The Labour Court entered into the reference and on consideration of the respective contentions and evidence of the parties was of the opinion that the termination of the petitioner being in contravention of the provisions of section 6 -N of the Act illegal. However considering the long delay for seeking adjudication of the industrial dispute it moulded the relief and thereby directed the employer to give re -employment to the petitioner treating him to be a retrenched workman giving him preference to any new incumbent as contemplated by the provisions of section 6 -Q of the Act. In lieu of payment of back wages an amount of Rs. 5000/ -, a lump -sum compensation was awarded, besides the cost of the proceedings, assessed at Rs. 500/ -.

(3.) HEARD Sri Pankaj Miglani learned counsel for the petitioner and Sri B.D. Kandpal learned Standing Counsel and perused the record in the light of the legal aspects of the case.