- (1.) Heard learned Counsel for the parties.
(2.) This writ petition is directed against an award of the Labour Court dated 30.9.1983 by which the respondent workman has been granted reinstatement with full backwages.
(3.) The petitioner is a Government Company engaged in various projects relating to electricity. While the Shakti Nagar Project was under construction, between the 1977-81, several cases of 'maleria' were detected amongst the workers and villagers. Thus, several persons, including the respondent workman, were employed on daily wage basis for distributing maleria tablets from 20.3.1980. By mid 1981, the said disease was brought under control and thus, there was no necessity for daily wagers. Nevertheless on 15.6.1981 the petitioners offered alternative employment to the workman which was turned down. On the same day, he was also offered notice pay and retrenchment compensation which was also refused. Thus, a written notice was sent to the address of the respondent workman which was received back with the endorsement of refusal. The respondent workman raised an industrial dispute which was referred by the State Government under Section 4-K of the U.P. Industrial Disputes Act and the same was registered as Adjudication Case No. 148 of 1981. Both the parties filed their written statement and led their evidence. Before the Labour Court apart from other grounds, it was also contended on behalf of the petitioner that the State Government was not the Appropriate Government and as such the reference was bad.;