PANNA LAL Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This writ has been filed challenging the award dated 6.9.2003 passed by the Presiding Officer, Labour Court, U.P., Agra and also praying for writ in the nature of mandamus to the respondent No.2 M/s Heinz India Pvt. Ltd., Manzoor Garhi to allow the petitioners to resume duties and to treat them in service with effect from the date of their illegal termination and to give them all consequential benefits.

(2.) Heard Shri Chandrajeet Yadav, learned Advocate assisted by Shri Sanjeev Kumar Gaur, Miss. Babita Upadhyay for the petitioners and Shri Piyush Bhargava, learned counsel for the respondent No.

(3.) It is the case of the petitioners that they were working in the establishment of M/s Glaxo (India) Ltd., Manzoor Garhi, Aligarh, later on acquired by M/s Heinz India Pvt. Ltd. and all the assets and liabilities alongwith workmen were transferred to the respondent No.2. Since, the workmen, who were engaged in the department of production and retail packing were vocal in raising various demands on behalf of other workers, the management hatched a conspiracy so that all the petitioners alongwith 33 other workmen, who were active in trade union activities, were illegally stopped from working w.e.f. 2.11.1997. No termination order or notice or information was given in writing before such termination. In the last week of November 1997, the petitioners were told that they will be given some additional amount as wages, which they may receive on 27/28th November, 1997.