DEPUTY DIRECTOR (CONSTRUCTION) Vs. PRESIDING OFFICER AND ORS.

JUDGEMENT

(1.) The employer Mandi Parishad is assailing the award dated 23 March 2015, published on 31 July 2015, passed by the first respondent-Presiding Officer, Labour Court, Agra U.P. awarding the workman a compensation of Rs. 2 lacs for full and final settlement under the U.P. Industrial Disputes Act.

(2.) A reference was made to the Labour Court as to whether the removal of the employee (Nasir Uddin) on 2 June 2000 by the employer was valid and lawful, if not, the relief the workman is entitled to.

(3.) It was contended by the respondent/workman that he was engaged as a driver on 23 November 1990 and continued to work until 30 September 1999 on a monthly wage of Rs. 1450/-, thereafter, the workman fell ill, on recovery reported for duty on 1 June 2000 but the employer has not taken work thereafter. It was admitted by the workman that the engagement was on dailywage basis. Petitioner-employer in cross-examination admitted that the respondent-workman was neither given charge-sheet nor domestic enquiry was conducted, accordingly, the Labour Court concluded that provisions of Section 6N of the Act was violated. The Labour Court upon considering the material and evidence on record noted that the respondent-employer was appointed on dailywage and not against a regular post, the workman had put in 9 years of service, since the workman was not appointed against a regular post, therefore, considering his length of service, a lump-sum compensation of 2 lacs was awarded in lieu of reinstatement, and interest @ 6% from the date of award.