Anjani Kumar, J. - (1.) The petitioner M/s. Kisan Co-operative Sugar Factory Ltd. have filed this writ petition challenging the award of the labour court dated 31.10.1998, whereby the labour court held that the workmen are entitled for reinstatement with continuity of service and 50% of wages.
(2.) The State Government in exercise of powers under Section 4K of U. P. Industrial Disputes Act, 1947, referred the following dispute to the labour court for adjudication : ..(VERNACULAR MATTER OMMITED)..
(3.) The case set-up by the workmen before the Industrial Tribunal was that their services have been terminated without holding proper and fair domestic enquiry and the so-called enquiry that has been purported to be conducted, was not fair and proper. Employers denied these allegations. On the pleadings of the parties, the Industrial Tribunal framed five Issues. After going through the evidence on record adduced by the parties, the Tribunal came to the conclusion and recorded the finding on Issue Nos. 1, 2 and 3 in favour of the workmen and came to the conclusion that the enquiry conducted by the employers was not fair and proper. With regard to Issue Nos. 4 and 5 the Tribunal has recorded that since the issue Nos. 1, 2 and 3 have already been decided in favour of the workmen to the effect that the termination of services of the workmen were illegal, therefore, the workmen were entitled for reinstatement. The Tribunal further held that since the workmen were engaged either in one or other place after termination of their services, therefore, they are entitled for only 50% wages. It is these findings, which are challenged by the petitioner before this Court.;