BHAGWAN INDUSTRIES LTD Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned standing counsel and also perused the record.

(2.) By means of this petition petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the award dated January 11, 1985 given by the respondent No. 1 in favour of respondent No. 2 whereby an amount of Rs. 10,000/- was awarded as compensation in lieu of reinstatement of the said respondent.

(3.) It appears that respondent No. 2 was in service of the petitioner. His services were terminated vide order dated January 15, 1980. Challenging the validity of the order of termination the respondent No. 1 raised industrial dispute, which was referred for adjudication to the respondent No. 1, by the State Government. In brief it was pleaded that order of termination was passed in violation of provision of 6-N of U.P. Industrial Disputes Act, therefore, the contesting respondent No. 2 was entitled for retrenchment compensation and to reinstatement on the post held by him (Chowkidar). Petitioner filed written statement before the respondent No. 1 claiming the services of the respondent No. 2 were terminated in exercise of power under Clause 17(a) of the Standing Order of the Company, which provide as under;