Sibghat Ullah Khan, J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS writ petition is directed against award dated 24.3.2000 given by Presiding Officer, Labour Court U.P. Gorakhpur in adjudication case No. 179 of 1988. The matter which was referred to the labour court was as to whether the action of Petitioner employer terminating the services of its workman Respondent No. 2, Babu Lal, who was a compositor w.e.f. 1.6.1987 was just and valid or not. Respondent No. 2 was working since 1.2.1983. The case of the employer was that Respondent No. 2 was appointed as an apprentice trainee and in the year 1986 a decision was taken that composing should be done through computer, that Respondent No. 2 was doing composing by hand and could not learn computer composing and that he was paid retrenchment compensation on 2.6.1987 which was accepted by him without any protest. It was also asserted by the Petitioners that all those employees who were trained in composing by hand were removed as composing by computer was started in their establishment which is running a newspaper. The labour court held that appointment of Respondent No. 2 was not under Apprentice Act, provisions of Apprentice Act were not complied with and that after six months training Respondent No. 2 automatically became permanent.
(3.) THE labour court ultimately held that as retrenchment compensation was paid one day after termination hence retrenchment was illegal. However, it has not been mentioned that if retrenchment is considered to be of 2.6.1987 then compensation paid was complete or not.;