Court No. - 6 Case :- WRIT - C No. - 25083 of 1994 Petitioner :- State Of U.P. Respondent :- Jagdish Prasad Petitioner Counsel :- S.H.A.Kazmi Respondent Counsel :- Gautam Chaudhari Hon'ble Arun Tandon,J.
Heard Sri Babu Ram, learned Standing Counsel for the State-petitioner and
Sri K.S. Prasad, Advocate holding brief of Sri Gautam Chaudhari, learned
counsel for respondent-workman.
The State of U.P. has filed this writ petition against the award of the Labour
Court, Agra dated 23rd May, 1994 passed in Adjudication Case No. 171 of
1987. Respondent-workman was employed as muster roll employee on 3rd
December, 1985. His services were brought to an end on 15th November,
1986 i.e. even prior to expiry of one year. Not being satisfied, workman raised
an industrial dispute being Adjudication Case No. 171 of 1987. The Labour
Court has held that the services of the workman had been terminated without
following provisions of Section 6-N of the Industrial Disputes Act. Therefore,
the same was illegal. It has therefore, directed reinstatement with full back-
wages.
This Court while entertaining the present writ petition on 12th August, 1994
provided that workman may be reinstated but payment of back-wages shall be
stayed.
Learned Standing Counsel for the petitioner submits that workman has since
been reinstated and actually worked upto date of his death i.e. 12th August,
1997. In view of the aforesaid, issue of reinstatement has lost all significance.
The Court finds that in the facts of the present case, since the workman was
only an muster roll employee and further since there was no evidence to
establish that he was not gainfully employed during the period his services
stood terminated, there was little or no justification for the Labour Court to
direct payment of full back wages. Accordingly the award of the Labour
Court dated 23rd May, 1994 is modified to the extent that the workman
concerned will not be entitled to the back wages for the period he was out of
employment. For the remaining part the award of the Labour Court is
affirmed.
The present writ petition is accordingly disposed of.
Order Date :- 21.1.2010
Sushil/-