STATE OF U.P. Vs. RAJESH KUMAR AWASTHI

JUDGEMENT

(1.) Case called out in revised list. Learned Standing Counsel Sri Shree Prakash Singh is present on behalf of the petitioners. No one is present on behalf of the respondents.

(2.) The petitioners have challenged the award dated 21.9.2016 passed by Industrial Tribunal (respondent No.2) in Adjudication Case No.7 of 2011 in a reference made under Section 4-K of the U.P. Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). The Reference was to the following effect :-

(3.) The case of respondent No.1 was that he was appointed on the post of Assistant Pairokar in the department on 1.11.1985. He continuously worked since then. Abruptly, his service was terminated on 1.6.1990 without complying with the requirements of Section 6-N of the Act. The petitioners filed their written statement and categorically pleaded that there was no post of Assistant Pairokar in the department. Respondent No.1 was engaged as daily wager for doing pairvi of court cases. On direction of the then Director, the department stopped taking work from him since 1.6.1990. As he was engaged as daily wager having regard to exigency of work, therefore there is neither termination of service of respondent No.1 nor any question of non compliance of Section 6-N of the Act. The reference made to the Tribunal is bad in law and liable to be dismissed.