JUDGEMENT
S. B. Sinha, J. -
(1.) Leave granted.
(2.) Appellant was appointed as a Conductor on an ad hoc basis as a daily wager. He used to be appointed on a need basis. On or about 1-1-1976, he was appointed for a period of three months, i.e., up to 31-3-1976, inter alia, on the premise that if his services were no longer required, the same could be terminated. Allegedly, he was paid one months notice pay before his services were terminated.
An industrial dispute was raised by him in the year 1982 questioning the validity of the said order of termination. The said industrial dispute was referred to by the State for adjudication by the Labour Court, Allahabad.
Respondent herein in its written statement contended :
"That Shri Afaq Hussain has been appointed temporarily in the U.P. State Road Transport Corporation on 2-1-1976. It was among the terms of his appointment that his service may be terminated without assigning any reasons by giving one months notice. Shri Afaq Hussain has started working in the U.P. State Road Transport Corporation by binding himself with the terms of his appointment.
That Shri Afaq Hussain has worked contrary to the rules of the department and the employers have lost their confidence in Shri Afaq Hussain. Therefore, by order dated 24-2-76, his services have been terminated by giving him one months salary in lieu of one months notice. He has no right to raise any dispute."
(3.) Before the Labour Court, the respondent examined one witness, Shri K. Bal, who admitted that no amount towards compensation for retrenchment as required under the provisions of Section 6N of the U.P. Industrial Disputes Act, 1947 (the Act) had been paid.;
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