HARISH BROTHERS Vs. STATE OF U P

JUDGEMENT

(1.) By means of instant petition, under Article 226 of the Constitution of India, the petitioner mainly prays for issuance of writ, order or direction in the nature of certiorari quashing the award dated 23.8.1995 given by the Presiding Officer, Labour Court, Lucknow, in Adjudication Case No. 109 of 1989, against the petitioner, in exercise of powers under the U. P. Industrial Disputes Act (hereinafter for short 'the Act'). Prayer for a writ of mandamus directing the respondents not to enforce the aforesaid award and not to prosecute the petitioner for its non-compliance have also been made.

(2.) The relevant facts of the case given rise to the present petition are that respondent No. 3, 'Kapra Karmchari Sangh'. Ganga Prasad Verma Smarak Bhawan. Aminabad, Lucknow, complained to the Conciliation Officer, on behalf of Smt. Pushpa Singh, Smt. Kamlesh Kumari, Smt. Prema Nigam and Smt. Suman who were engaged in "chikan sewing etc. In petitioner firm that their services were illegally terminated by the petitioner. The prayer for their reinstatement with back wages was also made. The complaint made by respondent No. 3 was registered as Conciliation Case No. 270 of 1988 by the Conciliation Officer, Lucknow. On receipt of the notice from Conciliation Officer, petitioner filed a written statement in the said case, pleading that the aforesaid ladles were never employed by it. They used to collect work and execute the same at their own premises on contract basis. They were never employed by the petitioner on regular basis, therefore, there was no question of termination of their services, the conciliation proceedings, therefore, are liable to be dropped. Since the dispute remained unresolved, the State Government vide Notification dated 31.3.1989 made a reference under Section 4K of the Act for adjudication to the respondent No. 2 reference made by the State Government was registered as Adjudication Case No. 109 of 1989. The Industrial Dispute which was referred to respondent No. 2 reads as under:

(3.) In the said case, respondent No. 3 filed its written statement claiming that Smt. Pushpa Singh and others were the members of the Sangh. They had been working in the petitioner's firm regularly. The petitioner firm was being run from M. L. K. House No. 439, New Malihabad Road, Thakurganj, Lucknow and M/s. Manohar Lal Kapoor and Sons, M/s. M. L. K. Handicrafts and M/s. International Exports were also being run from the same premises. It was pleaded that the Management and ownership of all the above noted firms were in the hands of same set of people. The names of the aforesaid ladies were not recorded in the attendance and the pay registers of the petitioner firm, complaints regarding which were made to the authorities concerned, inspite of that the names of the said persona were not recorded in the attendance register or in the pay register. It was claimed the services of the aforesaid 4 persons, were terminated w.e.f. 21.12.1987 illegally without following the procedure prescribed under the Act, prayer for their reinstatement with full back wages was also made.