EXECUTIVE ENGINEER ELECTRICITY DISTRIBUTION DIVISION MAUNATH BHANJAN Vs. PRESIDING OFFICER LABOUR COURT GORAKHPUR

JUDGEMENT

(1.) By means of this writ petition under Article 226 of the Constitution of India the petitioner has challenged the award dated February 24, 1999 published on August 2, 1999, Annexure-7 to the petition made in adjudication case No. 200 of 1997 by respondent No. 1 and it is prayed that the award in question be set aside and the subsequent order dated February 15, 2000, Annexure-12 to the petition passed by respondent No. 1 in Misc. Case No. 155 of 2000 be also quashed.

(2.) Heard Sri Ranjit Saxena, learned counsel for the petitioner as well as Sri Shashi Nandan appearing on behalf of respondent No. 2 at considerable length. Since both the parties have advanced the arguments touching the whole gamut of the case, it was agreed that the petition be decided on merits at this stage. Accordingly I proceed to dispose of this writ petition on merits.

(3.) The respondent No. 2 Surendra Mishra was admittedly appointed as Apprentice in the erstwhile establishment of the petitioner on July 1, 1977. His services were terminated on October 30, 1978. He raised a dispute with regard to the termination of his services. By order dated January 19, 1996 (Annexure-5 to the petition), the Deputy Labour Commissioner Gorakhpur in exercise of the powers conferred on him by notification dated August 29, 1990 referred the dispute under the provisions of U.P. Industrial Disputes Act to the Labour Court, Gorakhpur for award. Notices were issued to the parties. The respondent No. 2 placed his point of view before the Labour Court but the petitioner employer in spite of service failed to submit the written statement. Ultimately on February 24, 1999, the respondentNo. 1 declared the award which was published on August 2, 1999. The respondent No. 2 moved an application for the enforcement of the award on August 16,1999, a copy of which is Annexure-8 to the writ petition. Thereafter the petitioner sent an application by post on September 27, 1999 mentioning therein that the fact of the proceedings initiated before respondent No. 1 and the award came to the knowledge of the petitioner for the first time on August 16, 1999 when the respondent No. 2 moved an application for enforcement of the award. This application was registered as Miscellaneous Case No. 155 of 2000. After hearing the petitioner as well as respondent No. 2 it was dismissedonFebruary15, 2000(Annexure-12) on the ground that the petitioner has not satisfactorily explained the delay of nine months in moving the application for setting aside the award. It appear s when the respondent No. 2 insisted for payment of the arrears of salary for the period November 1, 1978 to February 29, 2000, amounting to Rs. 14,98,000/- the present petition has been filed.