STATE OF UTTARAKHAND Vs. KRISHAN PAL

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks writ in the nature of certiorari quashing the impugned award dated 31.10.2011, passed by the Presiding Officer, Labour Court, Haridwar, in Adjudication Case no. 19 of 2009 (old no. 83 of 2004), titled as Krishan Pal Vs. Sinchai Anushandhan Sansthan, Roorkee, District Haridwar.

(2.) A dispute was referred by the Sate for adjudication before Labour Court, Dehradun. Subsequent thereto, the adjudication was transferred to Haridwar. As per the provisions of U.P. Industrial Disputes Act, 1947. Learned Labour Court was requested to adjudicate on the following point-whether the termination of the workman by the employer was justified? If not, to what relief the workman is entitled?

(3.) Learned Presiding Officer, Labour Court, Haridwar, vide award dated 31.10.2011 opined that the termination of the workman by the employer was illegal and the workman is entitled to get the service related benefits after the date of termination. Workman shall be treated in service throughout. However, the workman shall not be entitled to receive any back wages from the date of his termination upto the date of award. The award was answered in the positive. It was ruled that the workman will be entitled to get salary and all other allowances as admissible to him from the date of award. Aggrieved against the same, present writ petition has been preferred by the petitioners (employer).