RAKESH SRIVASTAVA,J. - (1.)Heard Shri. A.P. Nagrath, learned counsel for the petitioner and Shri. Anand Dwivedi, learned counsel appearing on behalf of the respondent nos. 2 and 3.
(2.)The petitioner is a Government of India Public Sector Undertaking. A number of workmen were engaged on casual basis by the petitioner in its construction project in Anpara area in District Mirzapur (now Sonbhadra). It appears that on completion of the project at Anpara, the services of these workmen, including the respondent no. 1 were terminated in the year 1988 and they were not engaged thereafter. The respondent no. 1, however, did not accept the compensation offered to him at the time of termination of his service. Subsequently, the respondent no. 1, alongwith 74 other workmen preferred a Writ Petition No. 6522 of 1998 (Laxman and 74 Ors. v. Ircon International Limited and 3 Ors.) before this Court at Allahabad, challenging the termination of their services w.e.f. 06.02.1988. The said writ petition was disposed of on 23.01.2002 in terms of the agreement arrived at between the other contesting parties. However, since the respondent no. 1 and another workman did not subscribe to the agreement, the writ petition in so far as they were concerned, was dismissed with liberty to file afresh.
(3.)On 17.10.2008, the respondent no. 1 raised an industrial dispute that the termination of his service was illegal. On 27.01.2009, the Assistant Commissioner submitted a failure report. The Central Government by an order dated 25.06.2009 referred the following dispute to the Central Government Industrial Tribunal-cum-Labour Court, Lucknow (for short 'Tribunal') for adjudication under Section 10(1)(d) and 2(A) of the Industrial Disputes Act, 1947 (for short "Act"):
"Whether the demand of Shri. Bipin S/o Shri. Tapeshwari, ex-employee of IRCON International Ltd. for reinstatement with full back wages, is just, fair and legal ? If yes, to what relief he is entitled to ?"