SAHARA INDIA Vs. LABOUR COURT, U.P.

JUDGEMENT

(1.) Heard Sri Shakti Swarup Nigam, the learned counsel for the petitioner and Sri Ashwani Mishra, the learned counsel for the respondents.

(2.) The petitioner has challenged the award of the Labour Court directing reinstatement with continuity of service and with full back wages. This Court, while entertaining the writ petition, had granted an interim order directing reinstatement of the workman. It has been stated at the Bar that pursuant to the interim order the workman has been reinstated in service and he has been paid the wages.

(3.) The facts leading to the filing of the writ petition is, that according to the workman he was appointed in the establishment of the petitioner since 1993 and in 2001 he was given a new appointment as a Trainee Officer. It is alleged that he was beaten up on 25.9.2001 by the goons of the employer and some signature was obtained on a blank piece of paper, which was used to show that the workman had resigned voluntarily on 26.9.2001. It is alleged that the alleged resignation dated 26.9.2001 was in fact accepted in the year 2002 with retrospective effect.