R.K. Agrawal, J. - (1.) U.P. State Electricity Board, Lucknow, through its Executive Engineer, Vidyut Utpadan Khand-II, Chila district Pauri Garhwal and the Executive Engineer have filed the present petition seeking a writ, order or direction in the nature of certiorari commanding the respondents to bring up the record of the case and to quash the award dated 2.12.1994 published on 27.3.1996 passed by the Labour Court, U.P. Dehradun in Adjudication Case No. 238 of 1988.
(2.) The facts of the case in brief are that Sri Sunil Dutt, the respondent No. 1 was engaged by the petitioner in the month of November, 1984 on daily wages on muster roll and was last engaged in the month of March, 1987. According to the petitioners the said workman did not work for more than 240 days during 12 calendar months and, therefore, while terminating their services in the month of March 1987, the petitioners were not obliged to give the benefit under Section 6-N of the U.P. Industrial Disputes Act, 1947. The workman raised an Industrial dispute against his termination of services, which was referred by the State Government under Section 4-K of the U.P. Industrial Disputes Act, 1947, on 28.9.1988, which was registered as Adjudication Case No. 238 of 1988. Both, the petitioners as also the workman filed his representation/written statements before the Labour Court and after exchange of the counter and rejoinder affidavits, the Labour Court recorded the evidence. It gave an award on 2.12.94 holding that the services of the respondent workman have been terminated in violation of the provisions of Section 6-N of the U.P. Industrial Disputes Act, 1947 and directed for reinstatement with full wages, which was being drawn by him on 31.3.1987.
(3.) I have heard Sri Arvind Kumar, learned counsel for the petitioner and Sri B.N. Singh, learned standing counsel on behalf of the respondent workman.;