EXECUTIVE ENGINEER Vs. P.O.

JUDGEMENT

(1.) This writ petition has been instituted by the Executive Engineer, U.P. State Electricity Board, Division-1, Farrukhabad and the U.P. State Electricity Board, Lucknow through its Chairman, challenging an award of the Presiding Officer, Labour Court, 2nd, Kanpur dated 23.08.1990 (published on 20.11.1990), made in Adjudication Case No. 56 of 1988 between the two petitioners and their workman, Data Ram, respondent no. 2, now represented by his heirs and legal representatives, respondent Nos. 2/1, 2/2, 2/3.

(2.) It is common ground between the parties that the U.P. State Electricity Board, Lucknow which was a body corporate during the relevant period of time has since been dissolved and reorganized by virtue of the U.P. Electricity Reforms Act, 1999. Now, the former U.P. State Electricity Board is replaced and renamed as the U.P. Power Corporation Limited and all its officers are now officers of the U.P. Power Corporation Limited. Accordingly, on an impleadment application made on behalf of the U.P. Power Corporation, the description of the petitioners has been permitted to be made in the manner that petitioner no. 1 has been rearrayed as the Executive Engineer, U.P. Power Corporation Limited, Electricity Division, Farrukhabad and petitioner no. 2 as the U.P. Power Corporation Limited, Lucknow through its Chairman.

(3.) The two petitioners together are hereinafter referred to as ''the Employers whereas respondent Nos. 2/1, 2/2 and 2/3 shall be called 'the workman'. It appears that for the benefit of the workman the Workers' Union, to wit, the Hydro Electric Employees Union, 7 Sarojni Nagar, Lucknow raised an industrial dispute which in due course was referred by the State Government under Section 4K of the U.P. Industrial Disputes Act (for short, 'the Act') to the adjudication of Presiding Officer, Labour Court, 2nd, U.P., Kanpur vide a reference order dated 13.09.1988 in the following terms (translated into English from Hindi vernacular) :