V.C.Misra, J. - (1.) Heard Sri R. K. Awasthi, learned standing counsel on behalf of the petitioner and Sri Siddharth, learned counsel appearing for the respondent No. 2.
(2.) This writ petition has been filed challenging the award dated 6.1.1993 (Annexure-6 to the writ petition) passed by the Presiding Officer, Industrial Tribunal (V), U. P. Meerut (hereinafter referred to as 'the Industrial Tribunal') in Adjudication Case No. 228 of 1991 declaring the termination of services of the respondent No. 2 w.e.f. 30.6.1988 as improper and unlawful entitling him to reinstatement in service with continuity and full back wages.
(3.) The facts of the case in brief are that the petitioner U. P. State Irrigation Department Unit Upper Ganga Irrigation Modernization Project, (World Bank) Quality Control Division (World Bank) Meerut, (hereinafter referred to as 'the Department') employed the respondent No. 2-Praduman Kumar Singhal on a stop gap arrangement on the post of a clerk in the Department for a fixed term of two months w.e.f. 28.10.1987 to 27.12.1987 subject to the terms and conditions, mentioned in the appointment letter. The respondent No. 2 was further given appointment for another fixed term, on the same terms and conditions, vide order dated 29.12.1987 for a period w.e.f. 29.12.1987 to 28.3.1988 and on the expiry, of the said period, he was lastly given appointment for another fixed term w.e.f. 30.3.1988 to 29.6.1988, thereafter the respondent No. 2 was not allowed to perform his duties. The respondent No. 2 raised an industrial dispute on the ground that his services had been wrongly and illegally dispensed with, without complying the provisions of Section 6N of the U. P. Industrial Disputes Act, 1947. It is an admitted case that the respondent No. 2 had worked for more than 240 days in 12 calendar months, as per the definition laid down in Section 2 (g) of the U. P. Industrial Disputes Act, 1947. The State Government referred the matter to the Industrial Tribunal respondent No. 1. The Industrial Tribunal-respondent No. 1 after hearing the parties, passed the impugned award dated 6.1.1993 (Annexure-6 to the writ petition).;