SUPDT ENGINEER U P S E B AND THE ADDITIONAL CHIEF ENGINEER U P STATE Vs. PRESIDING OFFICER LABOUR COURT IV HYDRO ELECTRIC EMPLOYEES UNION

JUDGEMENT

(1.) This writ petition is directed against the impugned award dated 28.2.1984, passed by Labour Court IV, Kanpur in Adjudication Case No. 90 of 1982. By the impugned award, the Labour court has directed the Superintending Engineer, Electricity Transmission Circle, U.P. State Electricity Board, Kanpur and the Additional Chief Engineer, U.P. State Electricity Board, Allahabad to give the disgnation of Fitter to Sri Bairagi Prasad, -workman and corresponding wages of the post of Fitter from 1.7.1967 less wages already paid to him, within a month of the award becoming enforceable.

(2.) The award was enforced by publication on the Notice Board on 28.4.1984 and became enforceable on 27.5.84 after expiry of 30 days, as provided under Section 6-A of the U.P. Industrial Disputes Act, 1947. At the time of admission, the following interim order was passed :" Hon. H.N. Seth, J Issue notice. I direct that until further orders, the respondents will not take steps to implement the award dated 28th of February, 1984 (Annexure 10 to the writ petition) provided the petitioner deposits with respondent No. 1 the entire amount due to respondent No. 3 under the said award for the period 1st of July 1967 to 31st of December, 1984, within a period of one month from today's date. The amount so deposited may be permitted to be withdrawn on respondent No. 3's furnishing adequate security to the satisfaction of the Labour Court for the refund thereof, in case the writ petition eventually succeeds. Dt. 14.12.1984 Sd/- Illigible"

(3.) Brief facts of the case are that U.P. State Electricity Board (for short 'UPSEB') is an autonomous body constituted under the provisions of Electricity Supply Act, 1948 for the purposes of distribution, generation and transmission of the electrical energy to the consumers. The workman- respondent No. 3 was employed on temporary basis in the year 1967 in the establishment of S.D.O. (IV), Panki, Kanpur along with several other persons as work charge employee vide letter dated 26.4.1967 for specified period, i.e., w.e.f. 1.4.67 to 30.4.67 on consolidated salary of Rs. 80/- per month. The appointment was purely temporary and liable to be terminated at any time without notice. It appears that the appointment of the respondent -workman was extended from time to time for specific periods. He also worked as Coolie (work charge) w.e.f. 1.5.68 to 31.5.68.