GENERAL MANAGER MORADABAD Vs. P O LABOUR COURT

JUDGEMENT

(1.) This writ petition was heard along with Civil Misc. Writ Petition Nos. 15485 of 1994 and 26104 of 1994.

(2.) Award dated 12.5.1993 (Annexure-1 to the writ petition) has been challenged by the General Manager, Moradabad Dugdh Utpadak Sangh Ltd., Dalpatpur, Moradabad. The respondent No. 4 got a reference made by the State Government to respondent No. 1 Labour Court in respect of his claim for reinstatement and back wages on an allegation that the said respondent No. 4 had been in employment as junior electrician under the present writ petitioner who was made opposite party No. 3 before the Labour Court. The respondent No. 2, the present petitioner and respondent No. 3 were made respondents before the said Labour Court and they filed separate written statements. After a contested hearing ultimately the Labour Court passed the impugned award directing reinstatement of the respondent No. 4 and back wages for the period between June, 1991 and the date of reinstatement.

(3.) Learned Counsel for the petitioner argued four points in support of the writ petition challenging the said award. The first contention of the petitioner is that the respondent No. 4 workman approached the State Government after a long delay and on the said ground the impugned award could not stand and in support of such contention reference was made to the case of U.P. State Electricity Board and others v. P.O. Labour Court, Kanpur and others, 1998 (78) FLR 511. The second point argued by the learned Counsel for the petitioner is that the workman concerned did not raise the dispute before the employer at any stage and, therefore, the reference itself was bad and the award is liable to be set aside.