PURENDRA KUMAR SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) THESE are two connected writ petitions and they arise out of an award passed by the Labour Court in Adjudication Case No. 90 of 1992. The Writ Petition No. 23090 of 1995 has been filed on behalf of the employer while another writ petition has been filed on behalf of the workman. Respondent No, 3 Sri Purendra Kumar Sharma was engaged as helper. He was an unskilled labour. He worked according to the petitioner (employer) only one month and thereafter abandoned the employment w.e.f. 21.8.1990. At his instance a dispute was referred by the State Government under section 4 -K of the U.P. Industrial Disputes Act, 1947 to determine as to whether the termination order of the petitioner is valid and if so then to what relief he is entitled.

(2.) THE parties filed their statements before the Labour Court who by the impugned award held that the disengagement of the petitioner w.e.f. 21.8.1990 is perfectly justified and valid. It was also held that the workman is not entitled for any back wages. However, in view of the stand taken by the employer in their written statements that they are prepared to reengage the workman, the Labour Court directed that the workman may be reinstated.

(3.) HEARD Sri C.B. Gupta, learned Counsel for the employer. None appeared on behalf of the workman. List has been revised.