B.L. Yadav, J. - (1.) Whether change of the date pertaining to termination of service of the workman under Section 4K of U.P. Industrial Disputes Act, 1947. (compendiously the Act) would amount to the supersession of earlier Reference is the short question that falls for determination in the present petition filed by the petitioners, the employer, seeking the relief for issuance of a writ of certiorari quashing the order of the Labour Court dated June 22, 1990 (Annexure No. 8) and to quash the order of Reference dated February 21, 1989 (Annexure No. 5)
(2.) The factual matrix of the case is that the respondent No. 3 workman moved an application under Section 2-A of the Act, before Regional Conciliation Officer {Annexure No. 1) with the averments that he was employed in 1973, in Panki Thermal Power Station, Panki, Kanpur, (Petitioner No. 2) and was confirmed as a workman. He was injured while on duty on April 12, 1977 and was sent for treatment. He recovered and reported for duty, but was told that his services were terminated on the same day when he met up with an accident. He made applications to the relevant superior officers who assured orally but nothing positive was done. Ultimately he made an application to the Chairman of the U.P. State Electricity Board. The other workmen namely, Ram Gopal Durga pal etc. being junior to the petitioner continued to work and were confirmed. There are vacancies in the Panki Power House against which he could be engaged, but he was refused employment and the termination of his services on April 12, 1977 was illegal and was against the provisions of the Act and Rules and was in violation of the principles of natural justice. Consequently, he made a prayer to be reinstated from the date of termination with back wages and other consequential benefits.
(3.) The Regional Conciliation Officer submitted his report to the State Government for making a Reference under Section 4-K of the Act. The State Government being of the opinion that prima facie the industrial dispute exists and consequently made a Reference under Section 4-K of the Act to the effect "Whether the employers were justified in terminating the services of the workman Ramadhar on April 12, 1977 and if not, to which relief the workman was entitled" (Annexure No. 3 pages 32 to 36 of the paper book). The Panki Thermal Power Station and U.P. Electricity Board, Kanpur, the employers, filed written statement with an averment in para 7, that the workman has worked beyond April 12, 1977, but did not appear since September, 1977. Para 7 of the Written Statement of the petitioners, the employers, reads:" That again he worked for some days between July 1977 and August, 1977 but from the month of September, 1977 he did report for work as per reference order the services of the workman concerned were terminated w.e.f. April 12, 1977 which is not correct because the incumbent worked as causal labourer even after April 12, 1977. The order of reference is therefore defective and bad in law.";