RAKESH TIWARI,J. - (1.) HEARD learned Counsel for the parties and perused the record.
(2.) THIS petition arises out of the award of Labour Court, Agra dated 24.7.1979. The petitioner owns a Powerhouse at Hardwaganj, in the District-Aligarh. Workman respondent No. 1 was appointed temporarily in the Powerhouse as Token Collector initially for a period of 4 months with effect from 1.9.1975. By order dated 12.1.1976 his services were extended till 31.3.1976, thereafter, by letter dated 11.3.1976, the services of workman were terminated along with other persons with effect from 31.3.1976 The respondent workman raised an industrial dispute, which was referred by the State Government for adjudication by the Labour Court, Agra, where it was registered as Adjudication case No. 320/1977. The case of the workman was that he had initially been appointed as Token Collector for a period of 4 months against one of the 4 permanent posts of Token Collector and that one Sri Ashok Kumar, who was subsequently appointed on 24.9.1975. Sri Ashok Kumar was continued in service after a post was created under order dated 12.1.1976 but the services of the petitioner were terminated by order dated 11.3.1976. It is alleged by the workman that-though he continued to work up to 9.5.1976 but he was paid salary only up to 31.3.1976. Neither he was served with any notice nor was given one month's salary in lieu thereof, as such the order of termination is the violation of mandatory provision of Sections 25-F and 6-N of the U.P. Industrial Disputes Act, 1947. It is further alleged that the termination of his services is by way of victimization, as he had refused to work at the residence of the Officers as Domestic Servant.
(3.) THE case of the employer is that Personnel Management Division came into existence in 1975, Some appointments were made on newly created post on purely temporary basis. These temporary appointments were made for definite period, which have liable to be terminated at any time. Subsequently due to some pending work the period of appointment was extended for 3 months and the services of the new staff including the respondent workman were terminated with effect from 31.3.1976. The further case of the employers before the Labour Court was that the Personnel Management Division has also- since been abolished and as such there is no question of any reinstatement of the workman concerned.;