REGIONAL MANAGER UPSRTC Vs. SIDDIQ KHAN

JUDGEMENT

(1.) THE writ petition is directed against the award dated 28 -10 -1993 passed by Labour Court in Reference No. 126 of 1992. The Labour Court held that the order of dismissal dated 31 -3 -1976 was illegal and workman is entitled to be reinstated. Salary for the suspension period was forfeited and the sentence was reduced to serious warning. Labour Court further held that it has no power to quash the reference though made after 15 years of Industrial dispute.

(2.) HEARD Sri R.A. Gaur, learned counsel for the petitioner and Sri S.F.A. Naqvi appearing on behalf of opposite party.

(3.) LEARNED counsel for the petitioner urged that the opposite party workman was terminated on 31 -3 -1976 and thereafter he was engaged in some other work Industrial dispute raised after 15 years is not maintainable as no dispute existed at that time. Labour Court acted illegally in entertaining the reference after 15 years and giving award. He further urged that the award of Labour Court be quashed as no dispute existed at the time of reference. The entire proceeding and reference No. 126 of 1992 made by the appropriate Government was incompetent and liable to be quashed.