OM PRAKASH TEWARI Vs. LABOUR COURT GORAKHPUR

JUDGEMENT

(1.) SHISHIR Kumar, J. The present writ petition has been filed for quashing the award-dated 12-10-1993. Further issuing a writ in the nature of mandamus directing the Labour Court to re-hear the matter after giving an opportunity to the parties to bring further evidence.

(2.) THE facts arising out of the present writ petition are that the petitioner alleged to be himself that he was working as seasonal employee in the employment of the respondent company and had worked there in the crushing season 1977-78, 1979-80 and 1980-81 and up to the crushing season of 1983-84 and after 1984 he was entitled to call back in the employment in the respondent company when the crushing season started on 19-12-1984. As the petitioner was not called, as such, he made an application to the State Government for reference that the action of the respondent amounts to retrenchment and no retrenchment compensation and notice have been given, therefore, the action of the respondent is bad. THE State Government on the application filed by the petitioner was satisfied that an industrial dispute exists on account of wrongful termination of the petitioner's services from 19- 12-1984 and in exercise of powers under Section 4-K of the Industrial Dispute Act, referred the dispute for adjudication to the Labour Court, Gorakhpur by order dated 23-12-1986.

(3.) ON the other hand, a counter-affidavit has been filed. It has been submitted in the said counter- affidavit that the petitioner's services had not been terminated by the respondent No. 2. His last employment was during the crushing season of 1982-83 for a period of 29 days only. As the workman concerned had not worked in the season 1983-84, therefore, there was no question of termination of his services. In fact no industrial dispute could arise with effect from 19-12-1984.