HON'BLE PANKAJ NAQVI,J. - (1.) HEARD Sri Ajit Singh, learned standing counsel for the petitioner and Sri Arun Kumar Srivastava, holding brief of Sri S K Srivastava, learned counsel for the respondent-workman.
(2.) BY means of the present writ petition, the State of U.P. is challenging the order dated 25.03.2000 (Annexure-8), whereby a recall application to set aside the ex parte award, has been rejected and also the award dated 26.05.1998, passed by the Labour Court (Annexure-3). A reference under Section 4(K) of the U.P. Industrial Disputes Act, 1947 (for short "the Act") was referred by the State Government to the Labour Court on the following issue:- ...[VERNACULAR TEXT OMMITED]... The aforesaid reference was registered as Adjudication Case No. 479 of 1992. The respondent-workman filed his written statement, stating that he was appointed in the establishment on the post of Chaukidar and had worked from Jan. 1979 upto June, 1979; considering his performance, the employer permitted him to work from May, 1980 to April, 1981 on a continuous basis; at no point of time, his service has ever been deficient; subsequently, in January, 1987, he was again kept on the post of Chaukidar and is alleged to have worked continuously upto 30.09.1991; thus, the workman claims to have rendered service of more than 240 days in a calender year, however, since 01.10.1991, his services have been orally terminated. It was stated that provisions of Section 6N of the Act were not complied with and therefore, the termination is bad in law and that he is entitled to all the consequential benefits. The petitioner-employer submitted a reply (Annexure-2) wherein it was stated that the workman was employed only as a daily wager from 04.04.1987 to 30.09.1991, as Beldar/Chaukidar and that the daily wager is not a holder of a post.
(3.) THE Labour Court examined the workman but none cross- examined him and thus vide award dated 26.05.1998, it held that the workman was entitled for reinstatement, with all back wages and continuity along with cost of Rs.100/-. The award was published on 20.11.1998. The petitioner filed an application dated 10.11.1998 for setting aside the award dated 26.05.1998, on the ground that on the date fixed, the Assistant Engineer of the Department who was the department pairokar, was out of station and when Moti Chand, the Head Clerk in the department, appeared before Presiding Officer on 26.05.1998 for an adjournment, he was verbally directed to file an application for adjournment and when he went back with an application, the statement of the workman had been recorded and he was informed to come only upon a notice, but no notice was received and thereafter, he came to know that an award was passed on 26.05.1998, itself.;