DEO NARAIN TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) By means of this petition under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the Award of Labour Court, Varanasi tn adjudication Case No. 166 of 1985, rejecting the claim of the petitioner. Prayer for grant of consequential benefits such as payment of back wages etc, has also been made.

(2.) Proceedings before Conciliation Officer yielded no result, therefore, vide Government Order dated 19.6.85 reference was made under Section 4K, of the U. P. Industrial Disputes Act, 1947 (for short the 'Act') to the labour court. The disputes in substance was "Whether termination of the workman Dev Narain (for short the petitioner) from service on 11.10.83 by M/s. K. M. Sugar Mills Limited, Motinagar, District Faizabad, (for short, the 'employer') was proper and legal. If not, to what relief the workman was entitled."

(3.) Petitioner filed written statement before the labour court in the abovenoted case pleading that he was appointed as 'store purchase clerk' on a consolidated salary of Rs. 300 per month. He worked from 1.9.79 to 11.10.83. On 11.10.83 his services were illegally terminated, which amounted to retrenchment within the meaning of term used under the Act, without giving statutory notice or compensation in lieu thereof, without paying retrenchment compensation and without notice to state in violation of provisions of Section 6N of the Act. He, therefore, prayed for his reinstatement and the back wages as stated above.