STATE OF UTTAR PRADESH Vs. SHYAM LAL

JUDGEMENT

(1.) Heard the learned counsel for the parties and also perused the record.

(2.) By means of this petition under Article 226 of the Constitution of India, petitioners pray for issuance of a writ order or direction in the nature of certiorari quashing the order dated 14.10.1996 passed by Presiding Officer. Labour Court (Tribunal) U.P.. Falzabad, partly allowing the claim petition filed by respondent No. 1. Prayer for a writ of mandamus directing the respondent Nos. 2 and 3, not to implement the aforesaid order and not to make recovery of the amount of salary/compensation awarded against respondent No. 4, in pursuance of the letter dated 5.3.1998, have also been made.

(3.) Relevant facts of the case are that the dispute with regard to the termination of services of the respondent No. 1 was firstly taken to the Conciliation Officer, but parties failed to arrive at an amicable settlement before him. Consequently, the said dispute was referred to the respondent No. 2 under Section 4K of the U. P. Industrial Dispute Act, 1947 (for short the Act) by the State Government for adjudication. It was claimed by the said respondent that he had been working on the post of Chaukidar in the forest department since 1983. His services were illegally terminated on 1.1.1993 without following the procedure prescribed under the law. It was claimed that the said respondent worked for more than 240 days continuously. The post. which was held by him was a permanent post, the same still exists and persons junior to him were working but his services were illegally terminated. It was also pleaded by the respondent No. 1 that he was entitled to be reinstated with all consequential benefits.