- (1.) RAKESH Tiwari, J. Heard the Counsel for the parties and perused the record.
(2.) THIS writ petition has been filed by the State of U. P. challenging the award dated 27-4-1998 passed by the labour Court Dehradun in Adjudication Case No. 54 of 1988. The award was enforced by publication on the notice board on 9-12-1998. The facts of the case are that the following reference was made under Section 4-K of the Industrial Disputes Act to the labour Court for adjudication on the following issue : "kya SEWAYOJKO DWARA APNE SHRAMIK SRI RAJ KUMAR PUTRA SRI AMAR SINGH KI SEWAE DINANK 18-9-1992 SE SAMAPT KIYA JANA UCHITTACHA/athwa VAIDHANIK HAI, YADI NAHI, TO SAMBANDHIT SHRAMIK KYA HITLABH/anutosh RELIEF PANE KA ADHIKARI HAI TATHA ANYA KIS VIVRAN WA TITHI SAHIT. " The case of the petitioner before the labour Court was that Respondent No. 2/workman was engaged on 3-12-1991 to work as peon in the department of the Executive Engineer, Minor Irrigation Division, Saharanpur for a period of 85 days. He was again engaged upto 17-9-1992 thereafter.
(3.) THE case of Respondent No. 2/workman is that he worked continuously without any break on the post of permanent nature, which is still in existence, but he was refused to work with effect from 18-9-1992 without any reason. Neither charge-sheet was given nor notice and no compliance of the provisions of Section 6-N of the Industrial Disputes Act, 1947 was made before terminating his services. The labour Court by the impugned award held that Respondent No. 2 was in continuous service since 3rd December, 1991 till 17- 9-1992 and was restrained from work without compliance of the provisions of Section 6-N of the Act.;