STATE OF UTTARANCHAL Vs. DHARAMPAL

JUDGEMENT

(1.) By the present writ petition, the petitioner has prayed for the issue of a writ, order or direction in the nature of certiorari quashing the award dated 31.7.2001 passed by respondent No. 2 i.e. the Presiding Officer, Labour Court, Dehradun. FACTS:

(2.) Brief facts giving rise to the present writ petition are that respondent No. 1 was appointed on 14.4.1985 as 'Beldar/Chawkidar' in the Public Works Department and he continued up to 11.1.1987, but on 12.1.1987, he was falsely implicated in proceedings by the respondents and on 28.10.1997, he was exonerated by the Court. But in spite of this, he was not taken back in service by the Department. According to the respondent No. 1 this act of the Department is in violation of the provisions contained under section 6-N of the Industrial Disputes Act, 1947 as he had completed more than 240 days of service.

(3.) I have heard learned Counsel for both the parties and perused the record. After hearing both the parties, following points arise for determination: