U.P. STATE ELECTRICITY BOARD THROUGH ITS EXECUTIVE ENGINEER Vs. PRESIDING OFFICER, LABOUR COURT, VARANASI AND OTHERS

JUDGEMENT

(1.) - Heard Counsel for the parties.

(2.) THIS petition and the other connected petitions with it arise out of common award passed by the Labour Court, Varanasi. The questions of law and facts involved in these writ petitions are similar. Hence, they are being disposed of by this common judgment, which shall also govern the other petitions.

(3.) THE petitioner has contended that the certificates issued were doubted by the Labour Court and as such the impugned award could not be passed in favour of the workmen on the basis of its findings on such certificates, which were found to be issued fraudulently. He submits that the certificates were issued on back dates by Shri B.L. Prasad, who was a corrupt officer. He stressed that Shri B.L. Prasad was retired and enquiry against him was pending. The award given by respondent No. 1 has also been assailed on the ground that it was not recorded which of the alleged workmen had actually worked and completed 240 days of continuous service. He submits that delay of about 9 years has not been explained and the dispute could not have been referred as it had become State . He submits that respondent No. 1 has failed to explain that there was relationship of employer and employee between the Board and respondent No. 2, who was a muster roll employee and as such paying retrenchment compensation does not arise merely because the respondent-workmen had produced forged certificates of working and that the Labour Court has failed to appreciate that fraud has been played by the workmen in collusion with then Executive Engineer. The question whether the Labour Court has committed illegality in the award depends upon the evidence and document on record of working of the workmen, i.e. the certificates issued by Shri B.L. Prasad.