PRAKASH TALKIES Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Mool Bihari Saxena, learned counsel for the petitioner and Shri Shyam Narain for the respondent.

(2.) This writ petition is directed against an award of the labour court dated 30.4.1981, rendered in Adjudication Case No. 120 of 1980 by which the labour court has granted reinstatement with full back wages to the respondent No. 3 who was working as a Manager of a Cinema Theatre.

(3.) The respondent No. 3, Raja Ram, was employed as a Manager for the petitioner Theatre. A raid was conducted by the officials of the Entertainment Tax Department on 3.2.1979. In the raid, certain anomalies were found and, therefore, the licence of the petitioner was suspended for three days. This led to serving of a charge-sheet on the employee which resulted in his termination dated 31.8.1979. Resultant was a reference under Section 4K of the U. P. Industrial Disputes Act. The labour court apart from other issues, also framed an issue with respect to whether the employee was a workman within the meaning of the Act, and, another Issue was framed with regard to fairness of the domestic enquiry. Both the issues were decided against the petitioner and the labour court went on to hold that since the petitioner had not sought an opportunity to prove the charges before it, it held that the termination was illegal and granted reinstatement with full back wages.