- (1.) The employer UP. Jal Nigam, Mirzapur aggrieved by an award of the Labour Court, U.P., Varanasi dated 20th February, 1997, passed in adjudication case No. 106 of 1995, approached this Court by means of present writ petition under Article 226 of the Constitution of India, copy whereof is annexed as Annexure-'9' to the writ petition.
(2.) The following reference was made to the Labour Court for adjudication :-
(3.) After the reference was received before the Labour Court, parties exchanged the pleadings and adduced evidence. The case set up by the workman before the Labour Court is that he was appointed by the employers on 1st April, 1990 on the post of Pump Attendant. His services were terminated with effect from 15th June, 1991, until then he was working with the employers without any complaints. Being aggrieved by the action of the employers, the workman concerned approached this Court and filed Writ Petition No. 17920 of 1991 along with similarly situated other retrenched employees, in which this Court passed an interim order on 3rd July, 1991 and in pursuance thereto, the workman was again engaged and was working, but in view of dismissal of the aforesaid writ petition by this Court on 20th September, 1993, the services of the concerned workman were again terminated with effect from 28th September, 1993. Therefore, he has worked more than 240 days in preceding calendar year with the employers. The employers without any notice or compensation in lieu thereof have terminated the services of the workman concerned.;