PRABHARI ADHIKARI NAGAR PALIKA Vs. RAMESH CHANDRA

JUDGEMENT

(1.) The petitioners, while invoking extraordinary jurisdiction of this Court under Article 226 of Constitution of India, have impeached an award of the Labour Court, Agra, dated October 23, 1983, in Adjudication Case No. 86 of 1981, seeking relief for issuance of a writ in the nature of certiorari quashing the same.

(2.) The facts of the case, in brief, as set up by [he parties and relevant to the controversy in the present case, are:

(3.) The Labour Court, relying on the decision of the Supreme Court in Bangalore Water Works ana Sewage Board's case (1978-I-LLJ-349), held that the Municipal Board was an industry and Respondent No. 1 was a workman and the dispute raised by him was maintainable under the provisions of the U.P. Act. While finding that neither disciplinary proceedings were taken against Respondent No. 1 nor any domestic enquiry was made, the Labour Court held that his services were not terminated on account of reinstatement of Sri Banwari Lal. The services were held as continuous from the date of appointment upto the date of termination and the termination was held as retrenchment not being in accord with the provisions of Section 6-N of the U.P. Act. Orders for reinstatement were passed giving continuity of service with full wages together with other benefits till the date of reinstatement.