- (1.) This petition, under Article 226 of the Constitution, challenges the award of the Labour Court Delhi (Shri Ved Parkash Aggarwal) dated 27-6-1967 ordering reinstatement of the workman Shri Piara Lal in the following circumstances:
(2.) The facts are simple and may be briefly stated: Piara Lal, the workman employed under the petitioner, was arrested on 20-10-1965 and detained under the Defence of India Rules, as one of several left Communists, who were so detained. By letter dated 21-10-1965 (copy of which is Annexure A/1 to this petition) he informed the management of his having been so detained from the previous evening and requested for leave till he was released from detention. By letter dated 15-11-1965 (copy of which is Annexure A/3 to this petition) the workman stated that he may be released earlier than 20th April, 1966, obviously in the expectation that the detention of so many persons may be only for six months, though he also said that if the Administrator, Delhi was pleased he could be released even earlier. In this view he applied for leave from 20-10-1965 to 20-4-1966 and offered to join duty if he was released earlier immediately after the release. He also pointed out that there were many workers who were still working temporarily and as substitute hands and that a substitute could be temporarily employed in his place. By letter dated 6th December, 1965, (copy of which is Annexure 4 to this petition) the management informed the workman that they were granting him 9 days' leave with wages as due to him as per the record and that leave without wages for one month in a calendar year could be granted to him. Then followed the somewhat significant statement: "Having regard to the circumstances of your case I have decided to exercise my discretion in your favour. As such you are hereby granted leave for 9 days as leave with wages clue to you and further leave of 30 days as leave without wages under Standing Orders, with effect from 21-10-1965. In this connection, it may also be stated that it shall not be possible to grant you further leave."
(3.) The award makes a reference to the workman having been a Secretary of Kapra Mazdoor Ekta Union and subsequently of the Lal Zanda Union, a Left Communist organisation the workman was in the working committee; 1600 workers had espoused his cause.;