Sudhir Agarwal, J. - (1.) THE writ petition is directed against the award dated 31st May, 1995 passed by the Labour Court U.P. Rampur in Adjudication Case No. 33 of 1993 answering the reference referred vide notification dated 20th March, 1993 in favour of the workman concerned holding her termination from 1.6.1991 illegal being in violation of Section 6N of U.P. Industrial Disputes Act, 1947 (hereinafter referred to as "1947 Act") giving relief of reinstatement with all backwages.
(2.) LEARNED Counsel for the Petitioner submitted that Petitioner -institution is a primary school and therefore not an "industry". He further submitted that Respondent -workman was a retired employee of Nagar Palika, Moradabad and was receiving pension, therefore her termination could not have amount to retrenchment. He also placed reliance on the decision of Division Bench in Divisional Engineer. Telecom. Jhansi v. Presiding Officer and Anr. : 2011 (4) ADJ 199. So far as first submission is concerned, after the Constitution Bench judgment in Bangalore Water Supply and Sewerage Board v. A. Rajappa. : 1978 (2) SCC 213. it cannot be disputed that an educational institution is covered by the definition of "Industry" under Section 2(k) of 1947 Act.
(3.) NOW , so far second submission is concerned, it is also thoroughly misconceived. In absence of any bar, after retirement, the Respondent -workman is not dis -entitled to discharge duty afresh with disentitled some other employer and in case she has completed certain period of working with the new employer, and, if terminated without following procedure prescribed in law, she is entitled for the benefit thereof.;