LAWS(ALL)-2009-2-98

GULZAR YASEEN Vs. PRESIDING OFFICER LABOUR COURT

Decided On February 06, 2009
GULZAR YASEEN Appellant
V/S
PRESIDING OFFICER, LABOUR COURT Respondents

JUDGEMENT

(1.) HEARD Shri Manu Saxena for the petitioners. Shri R.R. Yadav argued the matter on behalf of respondent no. 2 -workman.

(2.) SMT. Gulzar Yaseen, Chairman, Nagar Palika Parishad, Keeratpur, Bijnor, and Nagar Palika Pparishad through its Executive Officer Shri Vikas Sain, have filed this writ petition to set aside an Award dated 19.8.2002 of the Labour Court, U.P. at Rampur in Adjudication Case No.45 of 1994, directing the employer to reinstate Shri Chaman Lal -respondent no. 2 w.e.f. 29.1.1993, as if he was in regular service and to pay the entire wages and benefits which he would have been entitled on the ground that the termination of his service by the Nagar Palika Parishad was improver and illegal.

(3.) THE workman appeared as WW -1 and proved the contents of his written statement. It was stated by him that the suspension order was passed by Shri Ram Krishna Gupta, Head Clerk and not by the Executive Officer. Shri Ram Krishna Gupta an interested person was also appointed as Enquiry officer. Shri Najaqat Hussain EW -1 stated that Shri Ram Krishna Gupta was appointed as enquiry officer.