RAMESH SINGH Vs. AGRAGAMI KASHETRA VIKAS AGENCY

JUDGEMENT

(1.) Petitioner was appointed on the post of Mechanic on 22.10.1984 and continued to work on the said post till the order of termination issued against him brought his services to an end.

(2.) An industrial dispute arose before the Conciliation Officer whereby no settlement was arrived at and as such a reference was made to the State Government for adjudication of the dispute to the Labour Court. The Labour Court on receipt of the reference, after hearing the parties, found that the petitioner's termination was in violation of the section 6-N of the U.P. Industrial Disputes Act, 1947 (in short as 'the Act'), as a consequence of that the termination of services of the petitioner was set aside. While ordering for re-instatement of the petitioner, the respondents were directed to pay 50% back wages to the petitioner. It is this order of the award which is subject-matter of challenge in this Court.

(3.) Petitioner's grievance is that after having found that termination of the services of the petitioner was illegal, ordering back wages was a consequence of the said order. It is further averred that no exceptional circumstances have been shown in denying the full wages.