CHANDRA PAL SHUKLA Vs. LABOUR COURT V KANPUR

JUDGEMENT

(1.) Heard learned counsel for the parties. This writ petition is directed against award dated September 12, 1984 given by Presiding Officer Labour Court (V) U.P. Kanpur in Adjudication Case No. 20/1981. The case of the workman-petitioner was that respondent No. 3 M/s. Kanpur Sahkari Milk Board Limited, Nirala Nagar, Kanpur the employer had terminated his services illegally on May 5, 1978.

(2.) According to the workman he worked till May 4, 1978 and since May 5, 1978 he was not permitted to join his duty while according to the employer the workman worked only until May 3, 1978 and thereafter he absented himself for four days i.e., 4, 5, 6 and 7 May, 1978 hence on May 8, 1978 against his name in the attendance register, it was mentioned that "abandoned the job". The Labour Court held that workman had worked for more than 240 days in a calendar year.

(3.) The contention of the employer was that according to the certified Standing orders, if a workman remained absent for 4 days his services automatically stood terminated hence there was no need to give any notice or retrenchment compensation to the workman as he had absented for four days. The workman had pleaded that Sri Basant Singh timekeeper refused to assign any job to him. Labour Court did not believe the said version. The Labour Court further held that even if timekeeper had refused to assign any duty to the workman then he should have contacted the higher officer. Labour Court further observed that the first letter was written by the workman on May 8, 1978, which was sent through Union. The workman had stated that the cause of annoyance of the employer was his demand of payment of wages in the pay scale of Rs. 162-215 while he was being paid only Rs. 51- per day.