U.P.STATE ELECTRICITY BOARD Vs. PRESIDING OFFICER

JUDGEMENT

(1.) PRESENT writ petition has been filed for the issue of a writ of certiorari quashing the award dated 2nd July, 1986 passed by the Labour Court.

(2.) THE petitioner filed written statement on 13.8.1984, stating therein that the workman was engaged on muster roll with effect from 9.9.1977 and neither continuously worked in the Division nor worked for 240 days in a calendar year. On the basis of the telegram of the Superintending Engineer dated 27.7.1978 the workman's services were dispensed with and no notice or one month's pay in lieu of notice was required to be given to the workman. In paragraph 4 of the written statement it was admitted that the services of Basant Lal Gaur were dispensed with from 27.7.1978. In fact the petitioner admitted the assertion of the workman made in paragraph No. 1 of the written statement that the workman was engaged as routine grade clerk and he had worked in revenue section and his services were terminated w.e.f. 27.7.1978.'

(3.) THERE is another Office Memorandum dated 12,1985 and according to the petitioner -respondent No. 2 was employed as a Kuli. He has produced appointment of Kuli also as will appear from the appointment letter of Kuli itself that there is endorsement that the petitioner was appointed as a Kuli. Since in the present case there is a dispute with regard to retrenchment of the petitioner from 27.7.1978 as will appear from the Adjudication Case No. 69 of 1984, therefore, there was no pleading before the Labour Court with regard to the appointment as a Kuli and any appointment which was given to the respondent after 27.7.1978, is not relevant in the present adjudication case. The dispute is confined to the termination order dated 27.7.1978 alone and any document for the appointment of the Kuli has no relevance in the present case. The Labour Court vide award dated 11.7.1984 directed for reinstatement of the workman -respondent and also directed for the payment of full back wages. The writ petition was filed before Allahabad High Court. On 28,10.1986 following order was passed: