PALACE TEATRE Vs. LABOUR COURT ALLAHABAD

JUDGEMENT

(1.) This writ petition is directed against the award dated September 30, 1981 given by Presiding Officer, Labour Court in Adjudication Case No. 25 of 1981. Through the said award, it has been held that termination of services of respondent No. 2 Vijay Kumar Srivastava by petitioner employer on July 31, 1980/ August 1, 1980 was illegal as it was in violation of Section 19 of U.P Dookan Aur Vanijya Adhishthan Adhiniyam, 1964.

(2.) Petitioner had pleaded before the Labour Court that respondent No. 2 was employed by it on June 16, 1980 on the post of Assistant Operator and since August 1, 1980 he did not report on duty. Sections 19 and 20 of the aforesaid Act are quoted below:

(3.) Labour Court ultimately set-aside the termination of respondent No. 2 and directed the petitioner to take back respondent No. 2 in service and also directed that petitioner should pay the entire salary and allowance to the respondent No. 2 from August 1, 1980. Learned counsel for the petitioner has cited an authority of this Court in Kanpur I.D. Co-operative State v. V.K. Srivastava 1980 (40) FLR 325. In the said authority, it has been held that provisions of the aforesaid Act do not confer any right on the employee to get the order terminating his services declared invalid and only remedy for breach of any provision of the said Act is as provided under Section 33 of the Act which prescribes penalties.