RISHI KUMAR KATIYAR Vs. LABOUR COURT

JUDGEMENT

(1.) HEARD learned Counsel for the parties. This writ petition is directed against award dated 2-7-1998 given by Presiding Officer, Labour Court (Vth), U. P. Kanpur in Adjudication Case No. 55 of 1995. The matter, which was referred to the Labour court, was as to whether the action of the employer-Vice-Chancellor, Chandrashekhar Azad krishi and Prodyogiki, University, Kanpur, respondent No. 2 terminating the services of its employee petitioner w. e. f. 7-11-1988 was valid or not. the dispute itself was raised by the petitioner after four years (in the impugned order, year of C. P. case is mentioned as 829/1992 ).

(2.) THE case of the workman was that he was working since 7-9-1987 as daily wager on Rs. 12 per day and he had worked continuously till 7-11-1988, however, without any reason, on 8-11-1988, the employer retrenched him. It was also stated that his appointment was to continue until 31-12-1988, The labour Court held that workman-petitioner failed to prove that he had worked for 240 days in a calendar year. Labour Court ultimately held that petitioner was not entitled to any relief.

(3.) LABOUR Court took an extremely technical view of the matter. It is mentioned in the award that workman himself stated that he had worked till 7-11-1988 and his services were terminated from 8-11-1988, while in the reference, it was mentioned that services were terminated on 7-11-1988. It is correct that jurisdiction of the Labour Court depends upon the terms of the reference. However, incidental things may very well be seen by the Labour Court. Reference cannot to be refused to be decided merely on the ground that there is slight variation in the date of termination.