STATE OF U P Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Heard Sri S.P. Mishra, learned standing counsel for the Petitioner State and Sri R.S. Yadav, learned Counsel for the workman Respondent No. 2.

(2.) This writ petition is directed against award dated 31.05.1999 given by Presiding Officer, Labour Court (IV), Kaptur in Adjudication Case No. 2 of 1998. The matter which was referred to the labour court was as to whether the action of the employer Petitioner (State of U.P. through Executive Engineer, Lift Irrigation Division-2, Kanpur) terminating the services of its workman Respondent No. 2, Devendra Singh, beldar w.e.f. 05.05.1992 was just and valid or not. The dispute was raised in the year 1997 (C.P. 251 of 1997). The reference was made on 10.01.1998. The case of the workman was that he was appointed on permanent post of beldar on 01.11.1987. The case of the employer was that the workman was engaged off and on according to the need and after 1991 he had not worked with them as the establishment on which he was working as daily wager was transferred to another unit.

(3.) The labour court held that the transfer of Umarhat Pump Nahar Minor to Laghu Dal Khand Nahar on 02.01.1991 was immaterial as both the units were functioning under Chief Engineer, Lift Irrigation Department. Muster-roll from 1981 to 1992 was summoned but could not be produced by the employer. The labour court held that even though the Petitioner was a daily wager but as he had completed 240 days of work, hence he should have been paid retrenchment compensation which was not done. The labour court also held that as the dispute was raised after 5 years of termination, hence the workman was guilty of latches. Order of reinstatement was passed by the labour court but no back wages were awarded and only an amount of Rs. 2000/- was directed to be paid in lieu thereof. Through interim order dated 08.12.1999, operation of the impugned award was stayed unconditionally.