LAWS(ALL)-2005-8-226

BOARD OF DIRECTORS ALLAHABAD AGRICULTURAL INSTITUTE A SOCIETY REGISTERED UNDER Vs. INDUSTRIAL TRIBUNAL SECRETARY GOVERNMENT OF UTTAR PRADESH LABOUR

Decided On August 18, 2005
BOARD OF DIRECTORS, ALLAHABAD AGRICULTURAL INSTITUTE A SOCIETY REGISTERED UNDER Appellant
V/S
INDUSTRIAL TRIBUNAL, SECRETARY, GOVERNMENT OF UTTAR PRADESH LABOUR Respondents

JUDGEMENT

(1.) Pleadings are complete and the counsel for the parties agree that the petition may be finally disposed off under the Rules of the Court.

(2.) This petition is directed against an award of the Industrial Tribunal, Allahabad dated 25.9.1998 by which it has reinstated the services of the workman with back wages.

(3.) Allahabad Agricultural Institute is a Christian minority educational institution imparting education in agriculture and agricultural engineering and is an associated college of the Allahabad University wherein the respondent No. 4 (here-in-after referred to as workman) was employed as a peon. The services of the workman were orally dispensed with on 4.8.1994 without any notice or charge or compensation, he approached the Conciliation Officer and upon a failure report the State Government referred the dispute to Industrial Tribunal under Section 4K of the Industrial Disputes Act, 1947. The Tribunal registered the dispute as Adjudication Case No. 46 of 1995 and after given the parties due opportunity has rendered the impugned award holding that the workman had completed 240 days and since his services were terminated without complying with the provisions of the Act, he was entitled for reinstatement and full back wages from; the date of termination till reinstatement.