BATA INDIA LIMITED Vs. STATE OF U.P.

JUDGEMENT

(1.) BY means of this writ petition, moved under Article 226 read with Article 227 of the Constitution of India, the Petitioners have challenged the award dated 14 of September 1995, passed by Labour Court, Haldwani, in Industrial Dispute Case No. 32 of 1992, whereby Respondent No. 3 Yogesh Chandra Loshali has been directed to be reinstated in service with full back wages.

(2.) HEARD Learned Counsel for the parties and perused the record.

(3.) ON behalf of Respondent No. 3, a counter affidavit has been filed in which it has been stated that there is no illegality in the impugned award passed by the Labour Court. However, it is admitted that Respondent No. 3 could not pass the examination of salesmanship, held by the Petitioners. In parawise reply it has been stated by contesting Respondent No. 3 that even after he could not qualify the test, the Petitioners took work from him for ten months. It is further stated that the termination of Respondent No. 3 was illegal and against the rules.