ELGIN MILLS LIMITED Vs. LABOUR COURT II

JUDGEMENT

(1.) The Elgin Mills Company, Limited (Mill No. 1), Kanpur, today under the management of National Textiles Corporation, has filed the present writ petition challenging the award of the Labour Court (II), U.P Kanpur, in the matter relating to Adjudication Case No. 123 of 1974. The award is dated 28th August, 1976. This is Annexure '14' to the writ petition. Ahmad AH, the workman, was discharging his duties as a winder, shift A at the Winding Department. His services were terminated on 24th November, 1972. The last appointment letter given to him was dated 24th May, 1972, on these facts there is no issue.

(2.) His services were terminated on 24th November, 1972 six months after the last appointment made. The termination of Ahmad Ali's services with effect from 24th November, 1972 became a subject matter of an industrial dispute between the concern, Elgin Mills No. 1 and its workman, Ahmad Ah. Three matters were referred to the Labour Court for adjudication. The first was whether the services of Ahmad Ali had been illegally terminated. The second, whether Ahmad Ali should be made permanent on the post of a Winder. The third was an issue challenging the jurisdiction of the Labour Court, to the effect, that the matter was beyond adjudication by a reference, to a Labour Court and this issue- apparently was framed at the instance of the employer.

(3.) This Court has heard learned counsel for the petitioner and learned counsel for the workman, and has perused the record of the writ petition.