RAM BABU GUPTA Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) Sri S.N. Dube, learned Counsel for the petitioner, Sri Vivek Ratan, learned Counsel for the respondent No. 2 and learned Standing Counsel for the respondent No. 1 are present. Counter and rejoinder affidavits have been exchanged. On the joint request of learned Counsel for the parties, this writ petition is being heard and finally disposed off, at this stage.

(2.) This writ petition has been filed challenging the impugned award dated 11.9.2000 (Annexure No. 5 to the writ petition) passed by the Labour Court, Allahabad- respondent No. 1 against the petitioner holding that the petitioner had not been retrenched and was not entitled to any relief.

(3.) The facts of the case in brief are that the petitioner was engaged as an Apprentice in Mechanic Maintenance Chemical Plant Trade under the Apprenticeship Act, 1961 for two years with the respondent No. 2- Indian Farmers Fertilizers Cooperative Ltd., Phoolpur, District Allahabad (hereinafter referred to as the IFFCO) on a stipend of Rs. 335/- per month subject to the terms and conditions of the contract. The petitioner had accepted the offer and the terms and conditions mentioned in the said contract and thereafter appended his signature on 14.7.1981. On completion of the aforesaid period of two years, as apprentice training, the petitioner was relieved w.e.f 13.7.1983, as per the intimation dated 13.7.1983 sent by the respondent No. 2 to the petitioner. The petitioner raised as industrial dispute claiming himself to be a workman, employed by the respondent No. 2, as Assistant Technician. A reference was made to the respondent No. 1 by the State Government under Section 4-K of the UP. Industrial Disputes Act, 1947, whereupon adjudication ease No. 136 of 1990 was registered.