- (1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.
(2.) THE petitioner has prayed for quashing of the award of the Industrial Tribunal dated 28-5-1994 as communicated to him by order dated 28-9-1994. A further prayer has been made for a writ of mandamus directing the respondents to re-instate him on the post of Seechpal with all benefits, privileges and continuity of service. The case of the petitioner before the Industrial Tribunal was that he was appointed in a permanent capacity on the post of Seechpal w. e. f. 31-3-1990. He had joined his duties on 2-4-1990 and continued in the employment up to 24-4-1990. Thereafter his services have been terminated/retrenched w. e. f. 24-4- 1992. It is submitted by the Counsel for the petitioner that the petitioner came to know that certain posts of Seechpal were vacant and were to be filled up in near future and as such he submitted an application for appointment on the post. He appeared in the written test held on 20-3-1979 and on the same day he was selected after interview. After completing three months' successful training he was issued appointment letter dated 31-3-1990 and joined his services which were terminated on 24-4-1992 in arbitrarily and in colourable exercise of power.
(3.) AN industrial dispute was raised by the petitioner, which was referred by the Deputy Labour Commissioner, U. P. , Allahabad for adjudication to the Industrial Tribunal (1) U. P. at Allahabad (for short 'the Tribunal') under Section 4-K of the Act. The industrial dispute, which was referred to the Tribunal, is as under: The stand taken by the petitioner before the Tribunal was that his retrenchment from service was illegal, arbitrary, mala-fide and in colourable exercise of powers as persons junior to him had been retained in service. It was also the case of the workman before the Labour Court that neither any charge-sheet was served nor any opportunity was given to him before termination of his services. He had also not been paid one-month's salary or any notice in lieu thereof.;