P.K.Mukherjee, J. - (1.) This writ petition was moved on behalf of Lallan Roi, an employee of U.P. State Co-operative Land Development Bank Limited, Luck-now, being respondent No. 2, who has challenged the order of termination of his service with effect from 1st July, 1979.
(2.) An industrial dispute having been raised by the appropriate Government, the matter was referred to the Presiding Officer, Labour Court, Gorakhpur, being respondent No. 1, who after taking necessary evidence, passed an award on 28th May, 1984, holding, inter alia, that the termination of services of the petitioner by the employer w.e.f. July 1, 1979 was illegal as it violates the provisions of Section 6-N of the U.P. Industrial Disputes Act, 1947.
(3.) For decision in the case, Section 6-N of the U.P. Industrial Disputes Act, 1947, (hereinafter referred to as 'the Act') is relevant, which is being quoted below: "6-N. Conditions precedent to retrenchment of workmen - No workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until: (a) the workman has been given one month's notice in writing indicating the reason for retrenchment and the period of notice has expired or the workman has been paid in lieu of such notice wages for the period of the notice; Provided that no such notice shall be necessary if the retrenchment is under an agreement which specifies a date for the termination of service; (b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days average pay for every completed year of service or any part thereof in excess of six months, and (c) notice in the prescribed manner is served on the State Government.";