NAGAR PALIKA Vs. BALRAM

JUDGEMENT

(1.) In view of the office report dated 31.8.2010, service upon Respondent No. 1 is deemed sufficient under Chapter-VIII, Rule 12 of the High Court Rules.

(2.) The Nagar Palika Parishad, Shahjahanpur has filed this petition against an award of the labour court dated 25th May, 1987, whereby the reference made under Section 4K of the U.P. Industrial Disputes Act by the State Government, which was registered as Adjudication Case No. 15/1985, has been answered in favour of the workman and against the employers.

(3.) The award is being challenged before this Court on the ground that in Nagar Palika Parishad requisite number of Tax Collectors were not available. Therefore, with the permission of the Commissioner, on year to year basis, appointments of Tax Collector was made. Under last permission approval granted by the Commissioner, with reference to his power under Section 70 of the Nagar Palika Adhiniyam, expired on 30th June, 1978. Therefore, a letter was forwarded seeking further sanction, for extension of the appointment, to the Commissioner. The Commissioner did not extend the permission for temporary appointment. Therefore, under an order dated 17th August, 1979 the employment of the Respondent workman was brought to an end w.e.f. 13.8.1979 alongwith other workmen. Against the same 9 persons preferred a petition before the U.P. State Public Services Tribunal, Lucknow, leading Claim Petition No. 1245/11/78. All the nine claim petitions were dismissed on 8th November, 2003 after recording that since the employees were workmen then must approach the labour court. Accordingly, the reference was made.