INDIAN INSTITUTE OF TECHNOLOGY, ROORKEE Vs. PRAKASH CHANDRA

JUDGEMENT

(1.) Present petition is filed assailing the Award 28.07.2011, passed by the Labour Court, Haridwar, whereby retrenchment/termination of the workman w.e.f. 31.12.1992 was found to be illegal and direction was issued to treat the workman in service, however, workman would not be entitled for any back-wages from the date of his termination till the dated 28.07.2011.

(2.) Brief facts of the present case, inter alia, are that the Indian Institute of Technology, Roorkee undertakes various projects/schemes sponsored by the Central Government, State Government and other Central/State Corporation and Banking Companies. Central Government has sponsored a scheme namely "Study and Design Modification of Pumps as Turbine". The workman was engaged purely on temporary basis on muster roll w.e.f. 01.04.1989 to 30.09.1989 in aforesaid Central Government Sponsored Scheme. Thereafter, petitioner was engaged in the State Bank of India sponsored project namely "the State Bank of India Chair Project". After the closure of both the projects, the workman was discontinued. Workman preferred Writ Petition (Civil) No. 314 of 1996 before the Allahabad High Court claiming following reliefs.

(3.) Writ petition was taken up for hearing on 04.01.1996, however, petition was dismissed as withdrawn without any opportunity to approach Alternate Dispute Redressal Forum. Workman, thereafter, raised dispute on 01.02.1992, with the request to reinstate him in service and to pay him back-wages from 01.02.1992. On the request of workman, initially reference was made to the Labour Court, Meerut. However, after the creation of the State of Uttarakhand, same was transferred to Labour Court, Haridwar and vide impugned Award dated 28.07.2011, termination/retrenchment of the workman was found to be illegal and he was directed to be treated in regular service without any back-wages. Feeling aggrieved, employer/petitioner has approached this Court by filing present writ petition.