- (1.) ARUN Tandon, J. This judgment shall apply to the writ petition Nos. 24161 of 1992, 24159 of 1992, 24160 of 1992, 24162 of 1992, 24163 of 1992, 24164 of 1992, 24165 of 1992, 24167 of 1992, 24268 of 1992, 24169 of 1992.
(2.) HEARD Sri Ram Gopal Tiwari on behalf of the petitioner. Sri Ashok Khare, Senior Advocate as well as Sri Shyam Narain on behalf of the respondent workmen. These writ petitions have been filed by U. P. Co-operative Federation Limited, Lucknow against the award of the Labour Court dated 4-6-1991, 18-7-1991, 27-7-1991, 18-7-1991, 22-7-1991, 5-9-1991, 4-6- 1991, 27-7-1991, 27-7-1991 and 22-7-1991. The respondent workmen were appointed on Class-IV posts in the employment of petitioner co- operative federation. On certain charges the workmen were served with charge sheet which was filed by the workmen and for the purpose of enquiry on the charges levelled against the workmen. Inquiry Officer was appointed. It is stated that since the workmen did not participate in the inquiry proceedings, the Inquiry Officer conducted an ex parte enquiry and submitted its ex parte enquiry report and on the said ex parte inquiry report the workmen were dismissed from service.
(3.) FEELING aggrieved by the aforesaid action taken by the workmen raised an industrial dispute. The State Government, in exercise of power under Section 4-K of the U. P. Industrial Disputes Act, referred the matter for adjudication to the Labour Court, Meerut. The Labour Court by means of the award dated 4-6-1991, 18-7-1991, 27-7-1991, 18-7-1991, 22-7- 1991, 5-9-1991, 4-6-1991, 27-7-1991, 27-7-1991 and 22-7-1991 has held that the order dismissing the workmen from service has been passed in violation of the principles of natural justice and, therefore, proceeded to afford an opportunity to the employers to lead evidence for bringing home the charges against the workmen. The employers fail to avail the said opportunity and did not lead any evidence for establishing the charges as leveled against the workmen.;