DISTRICT CO OPERATIVE FEDERATION LTD Vs. PRESIDING OFFICER

JUDGEMENT

(1.) S. P. Srivastava, J. In Civil Misc. Writ Petition No. 72 of 1981 a reference under Section 4-K of the U. P. . Industrial Disputes Act, 1947 regarding the dispute relating to the removal of Ram Vir Singh from service with effect from 18-9-78 led to the impugned award of the labour court whereunder the respondent No. 2 in Civil Misc. Writ Petition No. 72 of 1981 was reinstated with certain directions includ ing a direction entitling the workman to get compensation from the employer-petitioner in Civil Misc. Writ Petition No. 72 of 1981 at the rate of Rs. 250 per month so long as the workman continued in ser vice and so long as the concerned workman remained unemployed.

(2.) BOTH the petitioners in Civil Misc. Writ Petition No. 72 of 1981 and Writ Petition No. 2460 of 1981 felt aggrieved by the impugned award. The petitioner-employer has prayed for the quashing of the impugned award dated 29-7-80. The workman-petitioner however, has prayed for the modification of the im pugned award seeking reinstatement with full back wages and has prayed for a direc tion to treat the petitioner as being in employment and entitlement to full back wages and other allowances with effect from 18-9-78 till the date of reinstatement. In the alternative he has prayed for a direc tion requiring the labour court to rehear the whole matter and decide the same in accordance with law.

(3.) THE employer, however, claims that Ram Vir Singh the workman was ini tially appointed as truck cleaner on daily wage basis on payment of Rs. 5 per day. It is asserted that on 22-12-77 Ram Vir Singh was appointed by the President of the Federation as a temporary cleaner on con solidated pay of Rs. 250 per month. This appointment was purely temporary and liable to termination at any time without notice. It is, further asserted that the workman Ram Vir Singh on his own re quest was sent to Sadabad. On account of non-availability of any post of truck cleaner there he was appointed as Chaw kidar by the President. In paragraph 4 of the employer's writ petition it has been indicated that the President of the Federa tion in pursuance of the. request made by the workman ordered his transfer as Chawkidar at Sadabad in place of Prithvi Singh, who was posted there and was transferred to Headquarter at Mathura.