AGRAGAMI KSHETRA VIKAS AGENCY Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Heard Sri H.N. Singh, the learned counsel for the petitioner and Sri V.P. Tiwari, the learned counsel for the respondent workman. The petitioner has challenged the validity and legality of the award dated 7th September, 1995 directing reinstatement of the workman with 50 per cent backwages. The facts leading to the filing of the writ petition is, that the petitioner is a charitable society registered under the Societies Registration Act, 1860 and was running an agency in Etawah, where the workman was initially appointed as a Driver in the year 1984. The services of the workman was terminated by an order dated 1st June, 1985, and subsequently, by an order dated 22nd July, 1985, the workman was reappointed as an Engine Mechanic on a temporary basis. Subsequently on the resignation of Rambabu Singh working as a Mechanic, the petitioner was given an appointment letter by an order dated 06th February, 1986 on the post of Mechanic on a fixed pay of Rs. 425/- per month. On the basis of this order, the workman continued to work as a Mechanic till a notice dated 5th July, 1988 was issued indicating that since the agency had closed down pursuant to the Government Order dated 16th June, 1988, his services were no longer required and accordingly one month's notice was given to the workman. The services of the workman accordingly came to an end on 04th August, 1988.

(2.) The workman, being aggrieved, by the alleged notice dated 5th July, 1988, raised an industrial dispute, which was referred to the labour court for adjudication. Before the labour court, the workman contended that he was appointed in 1984 as a Mechanic and that his services were arbitrarily terminated by an order dated 5th July, 1988 without complying with the provisions of Section 6-N of the Industrial Disputes Act.

(3.) On the other hand, the employers contended that the workman was appointed as a Mechanic on a fixed pay by an order dated 06th February, 1986, and in view of the Government Order dated 16th June, 1988 closing the agency w.e.f. 31st March, 1988, the services of the workman was no longer required, and accordingly, a notice dated 05th July, 1988 was issued given the workman one month's notice.