- (1.) Heard Sri Ghanshyam Dwivedi, learned counsel for the Chitrakoot Dham Division Jal Sansthan, Sri S.K. Srivastava & Sri Shree Ram Gupta, learned counsels for the workmen and the learned Standing Counsel. The above mentioned three petitions have same set of facts though two awards of different dates are under challenge. The impugned award dated 12.12.2003 in writ petition no. 28954 of 2004 and award dated 6.11.2003 in writ petition no. 19020 of 2004 are against the petitioners Chitrakoot Dham Mandal Jal Sansthan, Karvi, Banda. The writ petition no. 37053 of 2004 has been filed by Ram Ratan, who is respondent No. 3 in Writ Petition No. 28954 of 2004, challenging operation of the award to the extent of non payment of the salary w.e.f. 1.10.1994 to 12.5.1997. Three petitions raise common question of law and have been heard together and are being disposed of by a common judgment.
(2.) The facts and circumstances given by the petitioner are that respondents-workmen raised an industrial dispute and two references were made as to whether the termination of service of workmen w.e.f. 1.10.1994 is valid and legal. In so far as Writ Petition No. 28954 of 2004 is concerned, the conciliation proceedings were initiated by the Respondent No. 3 Ram Ratan and the application was moved in the Year 1996 and the case was registered as Conciliation Application No. D-63-96. Vide order dated 9.1.1997, the delay in filing conciliation application was condoned by the Deputy Labour Commissioner, Jhansi Region, Jhansi. The above conciliation having been failed, reference was made under Section 4-K of the U.P. Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act') and the same was registered as Adjudication Case No. 118 of 1997.The award was made on 12.12.2003 and published on 24.4.2004.
(3.) In so far as the Writ Petition No. 19020 of 2004 is concerned, the references with regard to the Respondents- workmen was made by the State Government for adjudication and the same were registered as Adjudication Case No. 117/1997, 124/1997, 125/1997, 129/1997 and 136/97. Award in respect of the references made in Adjudication Cases mentioned above was declared by a common order passed on 6.11.2003 and published on the notice board on 13.1.2004. The reference as made by the State Government for adjudication to the labour Court was as to whether the termination of the services of the respondents- workmen w.e.f. 1.10.1994 was in accordance with law and if not to what relief/damages they are entitled to.;