B.L.Yadav, J. - (1.) This is petition of workman against the award of Industrial Tribunal, dated 17-3-1982 awarding back wages to the workman with effect from 1-7-1979 to 31-3-1980 at the rate of Rs. 300/- per month but refusing the re-instatement of the petitioner/the workman. The writ petition was dismissed on 21-3-1991 after hearing learned counsel for the petitioner and the respondents in the open court put the reasons were to follow. These are the reasons.
(2.) The petitioner was initially appointed on temporary basis as Assistant Accountant on 7-11-1975 in the scale of Rs. 230-385 and worked continuously on that post till 30-11-1976. Thereafter he was again appointed on that post on a consolidated salary of Rs. 300/- per month on 22-3-1978 and worked as such till 30-6-1979. On 1-7-1979 petitioner's services were terminated without paying him compensation as required by Section 6-N of the U. P. Industrial Disputes Act 1947 (for short the Act). Ultimately reference was made by the State Government under Section 4 (k) of the Act to the effect whether termination of petitioner's services under Section 6 (N) of the Act was illegal. After affording parties opportunity to legal evidence impugned award has been given.
(3.) Learned counsel for the petitioner urged that petitioner has completed more than 240 days in a calender year therefore he became permanent employee and he is liable to be reinstated. It was further urged that after termination of the petitioner an other person has been employed in place of the petitioner and no compensation as required under Section 6-N of the Act has been given to the petitioner therefore order of termination is liable to be set aside.;