VICE CHANCELLOR, GOVIND BALLABH PANT UNIVERSITY OF AGRICULTURE & TECHNOLOGY Vs. PRESIDING OFFICER, LABOUR COURT

JUDGEMENT

(1.) This petition is instituted against the award dated 13.07.2009, rendered by learned Presiding Officer, Labour Court, Kashipur, District Udham Singh Nagar in Adjudication No.51 of 2008 (Old No.59 of 2006) and recovery notice dated 05.07.2012 passed by respondent No.1.

(2.) Key facts, necessary for adjudication of this petition, are that respondent No.2/workman was engaged as Driver with the petitioner's university on 25.06.2001. He was retrenched on 01.08.2002 in violation of provisions of Sec. 6-N of the U.P. Industrial Disputes Act, 1947. The petitioner raised industrial dispute. The matter was referred to the Labour Court. The respondent No.2/workman filed the claim petition. The employer/petitioner filed the written statement in the matter. The learned Labour Court, Kashipur, District Udham Singh Nagar passed an award dated 13.07.2009 whereby it was held that the retrenchment of the workman was illegal and in utter violation of provisions of Sec. 6-N of U.P. Industrial Disputes Act. He was ordered to be reinstated in the service with 25% of back wages. The award was notified by the State Government on 26.10.2009. The employer filed an application for setting aside ex-parte award dated 13.07.2009 which was dismissed by the learned Labour Court vide order dated 26.11.2011. Hence, the present writ petition.

(3.) Mr. Rajendra Dobhal, Senior Advocate appearing on behalf of the employer/petitioner has vehemently argued that the workman/respondent No.2 has not completed 240 days in a calendar year. He has also referred the affidavit dated 19.08.2001.