- (1.) THIS writ petition filed under Article 226 of the Constitution of India is directed against the award dated 23.12.2011 passed by Labour Court, Faizabad holding retrenchment of thirty petitioners to be proper and legal.
(2.) BRIEFLY stated the facts of the case are that 117 petitioners were appointed as Field Assistant/Scaler except Md. Arif Khan, who was appointed as Chowkidaar by U.P. Forest Corporation between the year 1983 -86. Their services were terminated on 15.09.1993 by respondent no. 3 without following the procedure prescribed under Section 25 -N of Industrial Disputes Act and Section 6 -N of U.P. Industrial Disputes Act (hereinafter referred to as "the Central Act and the State Act" respectively).
(3.) STATE Government in exercise of the power under Section 4 -K of the State Act referred the dispute to Labour Court, Faizabad. One of the term of reference is being reproduced below: Parties filed their statements and oral evidence was also led. After considering the material on record, Labour Court came to the conclusion that Section 25 -N of the Central Act is not attracted to the U.P. Forest Corporation ('Corporation' in short) and it cannot be termed to be an industry. He based his order on the reasoning that cutting of tree and preparing the logs cannot be said to be manufacturing process as such, Corporation is not an industry. Labour Court further recorded a finding that Corporation has given a month's salary, while retrenching the petitioners thus has complied with Section 6 N of the State Act as such, there is no illegality in retrenchment and workmen are not entitled to any consequential benefits.;