SHARDA PRASAD SINGH Vs. STATE OF U P

JUDGEMENT

(1.) By means of this writ petition, the petitioner is challenging the order dated 18.3.1999, passed by the Labour Court in Adjudication Case No. 29 of 1998.

(2.) The facts of the case, according to the petitioner, are that he was employed as a Tanker Driver under the respondent no. 3, M/s Balkrishna Lal Poddar Limited. On 31.5.1999 when he came to the office he was informed that his services had been dispensed with w. e. f. 5.6.1982. Accordingly, he raised an industrial dispute, which was referred by the State Government to the Labour Court and registered as Adjudication Case no. 21 of 1993. The Labour Court rejected the claim of the petitioner by its award dated 17.5.1988. Aggrieved, the petitioner filed Civil Misc. Writ Petition No. 19536 of 1985. The said writ petition was allowed by the High Court by its judgment dated 30/10/1992 and the award dated 17.5.1985 was quashed. The High Court further directed that the petitioner shall be deemed to be continuing in the employment of the respondent no. 2 and also entitled to all benefits of employment.

(3.) According to the petitioner, when he was still not reinstated in service in compliance of the orders of the High Court, he filed a misc. case no. 54 of 1993 under Section 6-H (2) before the Labour Court, Allahabad, claiming computation of salary and bonus which had not been paid to him. The Labour Court rejected his claim by the order dated 19.12.1997 on the ground that the benefits which the petitioner have been held by the High Court to be entitled to, could not be computed in terms of money in the absence of any effective adjudication to that effect. The Labour Court also held that the petitioner was not able to establish whether after the judgement dated 30.10. 1992 passed by the High Court, he had reported for duty and had actually worked as such or not.