HINDALCO INDUSTRIES LTD Vs. AMRIT LAL GUPTA

JUDGEMENT

(1.) S. U. Khan, J. Heard learned Counsel for the parties.

(2.) AMRIT Lal Gupta was an employee of Hindalco Industries. His services were terminated on 30-1-1990 by the employer Hindalco. In respect of the said termination, industrial dispute was raised and State Government referred the matter to the Labour Court, U. P Varanasi where matter was registered as Adjudication case No. 1 of 1991 connected with Misc. Case No. 1 of 1990. Presiding Officer of the Labour Court gave the award on 13-8-1997 (Misc. Case No. 1 of 1990 was in respect of permission sought by the employer under Section 6 (E) of U. P. Industrial Disputes Act for terminating the services of AMRIT Lal Gupta the workman ). In the very second paragraph of the award, Labour Court has mentioned that on 30-7-1997, it had already given decision holding that departmental proceedings were fair and proper. Thereafter, it was mentioned in the said paragraph that after the said decision parties were heard on the question of quantum of punishment.

(3.) IT is not denied that thereafter some payment was made to the workman by the employer but work was not taken from him. On 21-11-2006, a supplementary affidavit was filed in this writ petition stating therein that from May 1998 to April 1999 the workman was paid Rs. 22477/ -. IT has further been stated that thereafter the workman did not come to collect the wages hence salary from May 1999 to March 2000 was remitted to the Labour Welfare Commissioner Kanpur (total Rs. 44471/- ).