ALLAHABAD JAL SANSTHAN Vs. DAYA SHANKAR RAI

JUDGEMENT

(1.) Whether the Respondent was entitled to be granted full back-wages in the facts and circumstances of this case is the question involved in this appeal which arises out of a judgment and order dated 2-7-2003 passed by the High Court of Allahabad in Civil Misc. Writ Petition No. 6597 of 2001.

(2.) The basic fact of the matter is not much in dispute. The Respondent herein was appointed purely on a temporary basis on or about 14-10-1985. The appointment letter issued to the Respondent No.1 stipulates that the said appointment could be terminated at any time without any prior notice. The services of the Respondent No.1 and others were terminated by the State in terms of an office order dated 24-1-1987. An industrial dispute was raised by the Respondent No.1 herein. Before the Labour Court the Respondent No.1 adduced evidence, but the Appellant did not. An ex parte award came to be passed by the Labour Court on or about 11-4-2000 reinstating the Respondent No.1 with full back wages holding that the order of termination was invalid in law as although he had worked for more than 240 days in one calendar year, the provisions of Section 6-N of the U.P. Industrial Disputes Act, 1947 were not complied with. The writ petition filed by the Appellant herein questioning the legality of the said award came to be dismissed by reason of the impugned judgment.

(3.) In this appeal leave was granted confining to back wages only.