STATE OF U P Vs. UMESH CHANDRA

JUDGEMENT

(1.) By means of present writ petition under Article 226 of the Constitution of India, the petitioner-employer has challenged the award of the Labour Court, Allahabad dated 21.7.1995, passed in adjudication case No. 33 of 1992, Annexure-1 to the writ petition.

(2.) The facts leading to the filing of present writ petition are that State Government vide its order dated 13.3.1992 has referred the following dispute under Section 4-K of U.P. Industrial Disputes Act, 1947 for adjudication before the respondent-Labour Court, which reads as follows :-

(3.) It is submitted that the employer and the workman concerned have exchanged their written statements and adduced their evidence and argued the matter before the Labour Court. The workman's case is that he was appointed in the organisation of the petitioner-employer on daily wage basis on 1.9.1986 and since then he is regularly working till his services were terminated i.e., with effect from 1.3.1988 by oral order and that too before terminating the services of the workman concerned, the provisions of Sections 6-N, 6-P and 6-Q of the U.P. Industrial Disputes Act, 1947 have not been complied with. The junior employees, who were appointed after the workman, have been retained, whereas the services of the workman were terminated, it was, therefore, prayed that the termination of the services of workman may be declared void and a direction be issued to the employer to treat the workman in. continuous service as regular employer.