NIRDESHAK PRASAR, CHANDRA SHEKHAR AZAD UNIVERSITY OF AGRICULTURE AND TECHNOLOGY, KANPUR AND OTHERS Vs. PRESIDING OFFICER, LABOUR COURT (2) KANPUR AND OTHERS

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) 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. 2 Rakesh w.e.f. 1.1.1999 was just and legal or not. Labour Court held that termination was illegal and directed reinstatement with full back wages.

(3.) IT was also contended that respondent No. 2 was a daily wager. It was also contended that he was found to have committed the misconduct, hence in order to avoid the inquiry he stopped coming w.e.f. 1.1.1999. Admittedly, no compensation as required by section 6 -N of U.P.I.D. Act was paid. The labour Court held that it was fatal. Respondent No. 2 was engaged in connection with fisheries research. In December, 1998 some fishes was stolen from the pond in respect of which he was doing duty. He was deputed to guard fishes in the pond. Labour Court found that in respect of allegation of theft of the fishes in December 1998, no inquiry was conducted against the respondent No. 2.