ALIGARH MUSLIM UNIVERSITY ALIGARH Vs. INDUSTRIAL TRIBUNAL AGRA

JUDGEMENT

(1.) This writ petition has bee filed for issuing a writ of certiorari quashing the orders dated 3rd May, 1997 and 22nd August, 1997 passed by Industrial Tribunal (4), Agra (respondent No. 1). vide order dated 3rd May 1997, the Tribunal had allowed the restoration application for setting aside an ex parte award dated 10th February, 1995 rendered in Adjudication Case No. 204 of 1994, whereas by the subsequent order dated 22nd August, 1997, the Tribunal had rejected the petitioners' application to recall the order dated 3rd May, 1997.

(2.) The facts giving rise to this case are that the respondent No. 2. claiming himself to be a workman has raised an industrial dispute. The dispute was referred under Section 4-K of the U.P. Industrial Dispute Act, 1947 (hereinafter referred to as Act of 1947) The reference was registered as Adjudication Case No. 204 of 1994 before the Industrial Tribunal (4) Agra. The dispute referred was 'whether the employers were justified in terminating the services of the workman from 16th April, 1993 and if not then to what relief the workman was entitled to.'

(3.) The petitioners-employers appeared before the Tribunal and filed their written statement stating therein that the State had no jurisdiction to refer the dispute under Section 4-K of the Act of 1947. It was also contented that the respondent No. 2 is not workman as his engagement was only for a fixed period and that had come to an end after expiry of the aforesaid period.