RAKESH TIWARI, J. - (1.) HEARD counsel for the parties. By means of this writ petition, the petitioners have challenged the order of the labour court dated 22.1.1980 in Misc. Case No. 141 of 1979 filed under Section 32C(2) of the Industrial Disputes Act. 1947.
(2.) THE root of the dispute lies in a consolidated award of the labour court, Gorakhpur dated 23.4.1979 in Adjudication Case Nos. 88/77, 91/77, 92/77, 93/77, 95/77, 103/77, 104/77, 107/77, 109/77, 111/77, 114/77, 152/77 and 135/78. Adjudication Case No. 135/78 was made the leading case. The aforesaid cases pertain to adjudication of dispute on reference made by the State Government with regard to illegal termination of services of the workmen, The labour court by the aforesaid consolidated award in Adjudication Case No. 135/78 held that the termination of services of the workmen was illegal and unjustified. It further held that in the peculiar facts and circumstances of the case, termination of the services of the workmen amounted to victimization of innocent and helpless workmen. By the aforesaid award, the labour court granted relief of reinstatement to the workers without back wages. It was further directed that the employers shall call upon the workmen within one month of the award becoming enforceable in law by sending them a written notice for reinstatement on their old posts on which they were working prior to their termination.
(3.) THE award was published on 29.5.1979 on the notice Board and the same became enforceable in law on 29.6.1979 i.e., after 30 days from the date of its publication on the notice board in terms of Section 6 read with Section 6A (1) of the U. P. Industrial Disputes Act. The operative portion of the award is as under :;