AGRA DEVELOPMENT AUTHORITY Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) HEARD learned Counsel for the parties. All these writ petitions arise out of the award dated 13. 2. 2007 given by the Labour court, published on the notice board on 9. 7. 2007. All the petitioners were employed as Class-IV employees as daily-wagers as Mali, Electrician and chowkidar in Agra Development Authority. Agra, the services" of all these petitioners were terminated on 1. 7. 1993. They raised industrial disputes which were heard and decided by the Labour Court Agra by the impugned award.

(2.) IN all these cases, the respondents workmen were appointed on daily-wages without following any procedure for selection. The posts were not advertised nor any rules were followed. It was alleged that they had completed 240 days of work in a year, and that their services were terminated without following the provisions of section 6n of u. P. Industrial Disputes Act, 1947. The respondent workmen alleged that they were not given any show cause notice, charge-sheet nor any enquiry was held before terminating their services. They were also not paid notice pay nor retrenchment compensation.

(3.) THE Labour Court after taking evidence found that all the workmen had completed 240 days and were entitled to protection of section 6n of the UP. Industrial Disputes Act, 1947. The employer did not follow the due process of retrenchment by giving notice, notice pay, retrenchment compensation and did not inform the State Government. Their termination dated 1. 7. 1993 was held to be illegal and that the employer was directed to reinstate the workmen but without benefit of back-wages.