STATE OF UTTARAKHAND Vs. KUNWER PAL

JUDGEMENT

(1.) THIS is the State's writ petition against the award of the labour court. The respondent -workman was working as a Beldar in the Irrigation Research Institute, Roorkee, Haridwar.

(2.) ACCORDING to the workman, his services were illegally retrenched way back in the year 1984. However, admittedly the workman made efforts for conciliation in the year 2004, after a gap of 20 years. Evidently the Assistant Labour Commissioner refused to refer the matter to the labour court as it was belated. Aggrieved, the workman filed writ petition before this Court being Writ Petition No.58 (M/S) of 2005. The learned Single Judge of this Court allowed the writ petition vide judgment and order dated 18.10.2005 holding the view that it is not for the Labour Commissioner to reject to refer the dispute to the Labour Court on the ground of delay as it is for the Labour Court to decide the question of delay, if at all.

(3.) THEREAFTER , the matter proceeded before the Labour Court where an award was given in favour of the workman vide order dated 15.09.2011 and subsequently it was notified on 22.02.2012. The Labour Court has held the retrenchment to be illegal and in violation of Section 6 of the U.P. Industrial Disputes Act and ordered for his reinstatement in service. Although the wages have to be paid from the date of reinstatement.