- (1.) The petitioner - M/s. Farrukhabad Dugdh Utpadak Sahkari Sangh Ltd. (hereinafter referred to the Dairy Co-operative Society) has filed this petition aggrieved by award dated 20.12.1991, published on 8.4.1992, pronounced by labour Court in adjudication case No. 195 of 1989 (3), U.P., Kanpur. The State Government vide notification dated 7.11.1989 in purported exercise of power under Section 4-K of the U.P. Industrial Dispute Act, 1947 (hereinafter referred to as the Act) made following reference for adjudication before labour Court:
(2.) Labour Court vide award dated 20.12.1991 impugned in this writ petition has held termination of the workman-respondent No. 3 s/o. Tale Ram unjust and illegal. It has directed to give continuity of service w.e.f. 14.2.1987 and benefits including entire period's salary and also reinstatement in service.
(3.) The case set up by the employer namely, Dairy Co-operative Society was that workman was engaged on daily wage basis on 1.10.1986 to discharge the duty of dairyman. He was disengaged on 14.2.1987. Workman challenged his disengagement contending that it amounts to termination/retrenchment without any notice or retrenchment compensation and, therefore, is illegal. The employer contended that workman having discharged duties only on 135 days was not entitled for protection under Section 6-N of the Act. Besides, he himself has abandoned the job, hence was not entitled for any relief. It was also contended that there is no industrial dispute and since the workman was a daily wager and neither a member of Union nor otherwise is not competent to raise industrial dispute.;