VIRENDRA SINGH Vs. LABOUR COURT, GORAKHPUR AND OTHERS

JUDGEMENT

(1.) Petitioner challenges the award of labour court dated 24-11-1984 which was received by him on 4-1-1985 He prays that the award be quashed under Art. 226 of the Constitution of India and appropriate relief be granted to him.

(2.) Petitioner's case is that he was appointed on 25-2-1971 as a clerk by the Superintending Engineer, Electricity Distribution Circle, Mohaddipur, Gorakhpur. He was posted with the respondent No. 4 till his services were terminated by the respondent No. 3 on 30-4-1979 He raised industrial dispute and the matter was referred to the labour court by the appropriate Government. The terms of reference was whether the termination order of the petitioner was proper and legal, if not, to what relief the petitioner is entitled.

(3.) The labour court after trial of the claim of the petitioner and after hearing the respondents observed that order of termination of the petitioner was illegal but he refused to reinstate the petitioners in service and awarded six months wages to the petitioner as compensation. It is submitted that if the order of termination was invalid labour court nor refuse reinstatement of the petitioner with full wages. Labour court could has not given any reasons for awarding six months wages as compensation. The wages for six months are not at all commensurate with the loss of remaining period of service of the petitioner. The award is said to be against the provision of law. The contentions of the petitioner were upheld by the labour court. After that it should have order reinstatement of the petitioner with full back wages.