FEROZABAD DUGDH Vs. PRESIDING OFFICER

JUDGEMENT

(1.) By means of this writ petition the petitioner is challenging the award order dated 24.9.1996 as well as recovery certificate dated 27.8.1997 and the order dated 12.5.1998.

(2.) The facts of the case, in brief, are that the petitioner is a Cooperative Society duly registered under the U. P. Cooperative Societies Act. The contention of the learned counsel for the petitioner is that respondent no. 7 raised an industrial dispute as to whether termination of his services with effect from 15.12.1991 was illegal and invalid. The contention of the respondent no. 7 was that he was working in the petitioner, Cooperative Society since March, 1988 and he worked continuously till his services were terminated with effect from 15.12.1991. The case was contested by respondent no. 7, the contractor, who stated that in the year 1988 he was not the contractor and that he used to engage workers only on part time basis but it was stated that services of respondent no. 7 Jaswant Singh were never terminated but he himself left the work with effect from 13.12.1991 and went away. The Labour Court has held that termination of services of the respondent no. 7, Jaswant Singh with effect from 15.12.1991 was absolutely illegal. He is entitled to be reinstated in service and accordingly a direction was issued that the petitioner shall be reinstated in service with full back wages with effect from 15.12.1991.

(3.) I have heard Sri G. D. Mishra, learned counsel for the petitioner and learned standing counsel appearing for respondent nos. 1 to 5. List has been revised. None appears for the respondent nos. 6 and 7.