R.B.MISRA,J. - (1.) IN the writ petition prayer has been made to quash the award dated 27 -6 -1992 (Annexure -6) and declare the termination dated 8 -9 -1986 as illegal and to treat the petitioner in continuous service and to make full payment with back wages and other benefits admissible under law since 8 -9 -1986.
(2.) HEARD learned Counsel for the petitioner and learned Counsel for the respondents. The relevant facts, necessary for adjudication of the case are that the Deputy Labour Commissioner, U.P. Allahabad in exercise of his power vested under Notification No. 2512 (HI)/36 -2 -155 (SM)/90 dated 29 -8 -1990 has referred the following dispute to the Tribunal for adjudication under Section 4 -K of the U.P. Industrial Disputes Act, 1947 called 'Act' on 4 -4 -1991 whether the termination of workman Sri Mansoor Ahmad from 8 -9 -1986 by the employer is legally valid and if not then the details of benefit relief, which be is entitled to.”
(3.) ACCORDING to the petitioner he was appointed on the permanent post of workman and continued in service till 8 -9 -1986 in Madhyamik Shiksha Parishad when his service was terminated without any charge or any departmental enquiry and without notice and without making payment of one month's pay in lieu thereof. In the adjudication case No. 46 of 1991 before the Labour Court the representatives of the workman has to elaborate the meaning of term 'retrenchment' and 'continuous service' and the petitioner has emphasised that even if the concerned workman was not legally appointed, however, when he was worked for more than 240 days he is entitled to benefit of the provisions of Section 6 -N of the Act, 1947.;