STATE OF U.P Vs. LABOUR COURT

JUDGEMENT

(1.) Heard learned Standing Counsel for the State and Sri Kamlesh Kumar Tiwari, learned Counsel for the Respondent-Workman.

(2.) The Petitioner through this Writ Petition has challenged the validity of Award, dtd. 15/10/2015 passed by Labour Court, Lucknow, notified on 9/5/2016 on the reference made under Sec. 4(k) of the U.P. Industrial Disputes Act, 1947 (hereinafter called as 'the Act of 1947') on 29/2/2014. The Respondent No.2/Workman had approached the Deputy Labour Commissioner, Jhansi Region, Jhansi, who had made a reference on 29/2/2014 to the Labour Court that "Whether services of Workman Dhani Ram was legally terminated or not ?"

(3.) According to Workman/Respondent No.2, he was engaged by Petitioner No.2 as Chaukidar/Mate in the year 1985 and was terminated by Order, dtd. 28/12/1990 and his name finds place in muster roll maintained by Petitioners since 1985 to October, 1990. It had been contended that procedure as required under the Act of 1947 was not followed and the necessary notice under Sec. 6-N was not given before his services were terminated. The Employer/Petitioner filed the Written Statement contending therein that Industrial Dispute so raised was after 22 years and it was highly belated. Moreover, it was on 21/2/2011 that State Government had issued a Notification, wherein it was stated that those Daily Wage Employees working in the various departments before June, 1991, their services would be regularised. It is pursuant to this Government Order that Workman had approached the Deputy Labour Commissioner in the year 2012. The Labour Court by award impugned, dtd. 15/10/2015 set aside the order dtd. 28/12/1990 and directed for reinstatement of the Workman without payment of Back Wages.