- (1.) RAKESH Tiwari, J. Heard the learned Counsel for the parties and perused the records This writ petition arises out of an award dated 3/4th April, 1995 passed by the labour Court, Agra holding that respondent-workman is entitled to be regularized on the post of Work-charge Crain Operator with effect from 1-4-1969.
(2.) THE brief facts of the case are that U. P. State Electricity Board was constituted under Section 5 of the Electricity Supply Act,1948. Respondent No. 4 Raghubir Singh was engaged by the UPSEB as Work-Charge Crain Operator with effect from 1-10-1965. According to the employees, he was regularized/absorbed in the regular establishment on the said post with effect from 1-3-1973 on completion of three years continuous service on the post of Operator Grade-I in terms of the Board order dated 12-10-1971. The respondent-workman claimed his right to be absorbed in the regular establishment on the post of Operator Grade-I with effect from 1-4-1970 instead of 1-3-1973. Due to dispute of date on which regularisation was to be effected, U. P. Bijli Karamchari Sangh raised an industrial dispute espousing the cause of the respondent-workman. After failure of the conciliation proceedings, the State Government referred the following matter of dispute to the labour Court, Agra for adjudication in exercise of powers under Section 4-K of the U. P. Industrial Dispute Act, 1947.
(3.) ON receipt of summons, the parties filed their written statement and gave evidence before the labour Court. After perusal of the record and the evidence adduced before it, the labour Court gave a finding of fact that Raghubir Singh workman concerned was entitled to be regularized on the post of Operator with effect from 1-4-1969. Aggrieved by the award, the petitioner U. P. State Electricity Board filed the present writ petition challenging the validity and correctness of the finding in the award before this Court. The main contentions of the Counsel for the respondents are that : (1) There is no post of Operator in UPSEB and respondent No. 4 was rightly given designation of Work- charge Crain Operator with effect from 1-3-1973 in terms of the Board order dated 12-10-1971. (2) There is a delay in approaching the labour Court, which is fatal to the case of the respondent- workman.;