STATE OF U P Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This writ petition is directed against award dated 27.10.1993 given by presiding officer labour Court (I) U.P. Kanpur in Adjudication case No. 67 of 1991. The matter which was referred to the labour Court was as to whether action of Petitioner employer terminating the services of its workman Atar Singh Respondent No. 2 in this writ petition w.e.f. 1.4.1990 was just and valid or not.

(3.) The workman contended that he was appointed as tree planter in November 1988 and worked on the said post until 31.3.1990 however w.e.f. 1.4.1990 his services were terminated without any notice or retrenchment compensation. The employer pleaded that the workman was engaged on daily wages basis from time to time, that he had never worked continuously and that since September 1989 he had not worked with the Petitioner. The workman admitted that since September 1989 till March 1990 he had not been paid any wages. Towards concluding portion of para 10 of the award the labour Court held that the employer could not prove that from 1.10.1989 till 31.3.1990 no work was taken from the workman while the workman had stated on oath that for the said period he had worked hence his version was bound to be believed. Ultimately, labour Court held that the workman was entitled to reinstatement with full back wages from 1.4.1990 till date of reinstatement. It was further directed that back wages @ Rs. 18 per day should be paid.