- (1.) This writ petition is directed against an award of the Labour Court, dated 27.07.2018 (published on 06.09.2018) passed by the Presiding Officer, Labour Court, NOIDA, Gautam Budh Nagar in Adjudication Case no.33 of 2018, between Kishan Bahadur and Toni Electronics Limited. By the said award, the Labour Court has answered the reference made to it, under Section 4-K of the Uttar Pradesh Industrial Disputes Act, 1947 (for short, ''the Act'), regarding the validity of termination of services of Kishan Bahadur in favour of the workman and against the employers. The termination of the services of the workman with effect from 16.01.1996 has been held to be illegal and he has been ordered to be reinstated in service with full back-wages, continuity and other benefits.
(2.) It must be pointed out here that the industrial dispute was raised between Kishan Bahadur and Toni Electronics Limited, the employers. Pending the industrial dispute before the Labour Court, Toni Electronics Limited was amalgamated into Super Cassettes Industries Private Limited, in consequence of which Super Cassettes Industries Private Limited took over as the employers. They also took over all rights, liabilities and pending actions by or against Toni Electronics Limited. Accordingly, Super Cassettes Industries Private Limited made an application to the Labour Court that the cause title of the industrial dispute, pending before it, may be appropriately amended to indicate the new identity of the employers. The said application was made on 13.08.2001 and allowed by the Labour Court on 02.08.2002. In this judgment, Kishan Bahadur shall hereinafter be referred to as, ''the workmen', whereas the petitioner, M/s. Super Cassettes Industries Private Limited shall be referred to as, ''the employers'.
(3.) This industrial dispute arose in relation to a unit of M/s. Toni Electronics Limited, situate at G-3,4, Sector 11, NOIDA, since amalgamated with the employers, under an order of the Registrar of Companies, dated 13.12.1999. The employers' unit was engaged in the manufacturing of Audio Cassettes. It is said that the employers have moved over to production and promotion of films, music and marketing of electronic goods, since audio cassettes have become an obsolete technology. The workman was employed as an Air Conditioner Mechanic with effect from 01.03.1989 with the employers. It appears that the workman was transferred from NOIDA, Gautam Budh Nagar to a unit of the employers, situate at Malanpur, District Bhind, Madhya Pradesh, by transfer order dated 03.07.1995, requiring him to join his station of transfer by 08.07.1995.;