- (1.) Heard Sri J.P.Singh, the learned counsel for the petitioner and Sri Gopal Narain and Sri Sudhansu Narain, the learned counsel for the respondents.
(2.) The workman was appointed as a clerk in a Co-operative Society in the year 1972 and his services were terminated on 23.1.1985. The workman, being aggrieved, raised an industrial dispute which was referred for adjudication to the Labour Court. The Labour Court gave an award on 4th August, 1992 holding that the services of the workman was wrongly terminated in gross violation of the provisions of Section 6-N of the U.P. Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"). The Labour Court found that even though the post on which the workman was working was abolished on account of change in the staffing pattern, nonetheless, the termination of the services of the petitioner was in violation of Section 6-N of the Act and accordingly, directed reinstatement of the workman with continuity of service and with full back wages.
(3.) After ten long years, the petitioner moved an application for recall of the award. Since the Labour Court had become functus officio, the recall application was rejected by an order dated 2.2.2010. The petitioner, being aggrieved by the award of the Labour Court, dated 4.8.1992, and by the order dated 2.2.2010 of the Labour Court rejecting the recall application has filed Writ Petition No.11766 of 2010.;