- (1.) The petitioner employers aggrieved by the award of the Labour Court (V), U.P., Kanpur dated 24th Sept. 1984, passed in adjudication Case No. 23 of 1981, have approached this Court by means of present writ petition under Article 226 of the Constitution of India, copy whereof is annexed as Annexure -'7' to the writ petition.
(2.) The facts leading to the filing of present writ petition are that the following dispute was referred to the Labour Court for adjudication : (Vernacular matter omitted.....Ed.)
(3.) After receipt of the reference, the Labour Court issued notices to the parties and the parties concerned have exchanged their pleadings and adduced the evidence. It is not disputed that the services of concerned workman were terminated without complying with the provisions of Section 6-N of the U.P. Industrial Disputes Act, 1947 (In short the 'Act'). The Labour Court after considering the material evidence on record has recorded a finding that admittedly the workman has worked with effect from 6th July, 1978 to 31st July, 1979, which is more than 240 days in preceding twelve calendar months, thus it was incumbent on the part of the employers to terminate the services of the workman only after compliance with the provisions of Section 6N of the Act, which admittedly has not been done. The Labour Court, therefore, directed the reinstatement of the workman with continuity of service. However, with regard to the back wages, the Labour Court has recorded finding that since after his services were terminated, he was engaged in driving Private bus and Truck from time to time, therefore fifty per cent of backwages was directed to be paid to the workman concerned which, in my opinion does not warrant any interference by this Court.;