EXECUTIVE ENGINEER VII CONSTRUCTION DIVISION U P JAL NIGAM Vs. PRESIDING OFFICER LABOUR COURT ALLAHABAD

JUDGEMENT

(1.) Heard counsel for the parties and perused the record. This petition has been filed for quashing, the impugned award dated October 31, 1984 passed by the Labour Court, Allahabad in Adjudication Case No. 34 of 1982. The workman claimed that he was illegally terminated from service on December 9, 1980. He raised an industrial dispute with regard to validity and correctness of the termination of his services. A reference was made by the State Government as to whether the termination of the services of the workman w.e.f. December 9, 1980 was legal and justified, if not to what reliefs/benefits is the employee entitled to.

(2.) On receipt of summons the parties filed their written statements before the Labour Court. The workman claimed in the written statement that he came in service on June 1, 1976 as Pump Attendant on muster roll and thereafter he was appointed as work charge employee w.e.f. June 1, 1977. He further claimed that as he was the acting member of the trade union and on account of his trade union activities the officers became annoyed. The annoyance of the superiors culminated in termination of his services. The action is, as he has been shown as Pump Attendant-cum-Chowkidar though he was only Pump Attendant and that his order of termination is illegal as it has been passed without holding any enquiry and payment of retrenchment compensation etc. to the workman as provided under Section 6-N of the U. P. Industrial Disputes Act, 1947.

(3.) The employers in their written statements averred that there were many charges of misconducts and indiscipline on the workman. The villagers complained against him as he was always working carelessly. The workman used to beat the staff and threatened them. The workman was also sent to police lock up in Police Chowki, Charwa on July 16, 1980, hence, keeping in view overall circumstances, he was terminated from service. Subsequently the workman apologised and was reinstated in service on September 4, 1980 as Pump Attendant. It is stated that the workman again started his activities of marpit and negligence in duty. An explanation was called for from him, which was not given by the workman, hence his services were again terminated w. e.f. December 9, 1980.