LAWS(UTN)-2007-6-38

STATE OF U.P. THROUGH EXECUTIVE ENGINEER, UPPER GANGA CANAL, MODERNISATION DIVISION-VI, WORLD BANK AND SUPERINTENDING ENGINEER, UPPER GANGA CANAL Vs. PRESIDING OFFICER AND NEPAL SINGH S/O SRI CHHOTEY SINGH

Decided On June 25, 2007
State Of U.P. Through Executive Engineer, Upper Ganga Canal, Modernisation Division -Vi, World Bank And Superintending Engineer, Upper Ganga Canal Appellant
V/S
Presiding Officer And Nepal Singh S/O Sri Chhotey Singh Respondents

JUDGEMENT

(1.) THIS writ petition has been preferred to issue a writ, order or direction in the nature of certiorari quashing the impugned award dated 14 -2 -1997 (Annexure No. 10) whereby the learned Labour Court has ordered that the workman be reinstated in service with 25% back wages and cost of Rs. 200/ -.

(2.) THE services of workman Nepal Singh, who was engaged in service as Beldar from 1 -4 -1990, were terminated on 15 -5 -1992 without any prior intimation or notice. Therefore, the industrial dispute was raised for adjudication of the Labour Court. The employer in its written statement admitted that the workman remained employed for 250 days but denied that he had worked for 240 days in a calendar year. According to the employer, by Government Order dated 6 -5 -1992, the muster roll workers having less than 240 days were liable to be terminated with immediate effect.

(3.) I have heard learned Counsel for the petitioners at length and perused the record including the impugned award.