SAHKARI GANNA VIKAS SAMITILTD Vs. JITENDRA MOHAN

JUDGEMENT

(1.) -Heard learned counsel for the petitioner as well as Sri K. P. Agarwal, learned senior counsel assisted by Sri J. C. Bhardwaj, learned counsel for workman respondent No. 1. FACTS :

(2.) PETITIONER employer is a Co-operative Society. This writ petition is directed against award dated 25.1.1990 given by Presiding Officer, Labour Court, Bareilly, U. P. in Adjudication Case No. 51 of 1987. The matter which was referred to the labour court was as to whether the action of petitioner employer terminating the services of its workman respondent No. 1 w.e.f. 13.12.1984 was legal and proper or not.

(3.) THROUGH the impugned award it was held that it appeared that workman was permanent clerk hence sudden termination of his service was illegal accordingly reinstatement was directed. However, in respect of back wages it was held that as the workman had admitted that since July, 1985 he was working as seasonal clerk in another cane society hence he must be given back wages from the date of termination till date of his appointment in the other cane society, i.e., for six months 17 days. Legal Position :