RAKESH TIWARI, J. - (1.) THE petitioner - Chhata Sugar Company Limited is a subsidiary unit of the U.P. State Sugar Corporation Limited. It manufactures white crystal sugar by vaccum pan process. The petitioner has challenged the award dated 15.12.1997 passed by the Labour Court, Agra in Adjudication Case No. 29 of 1998.
(2.) BY the impugned award, the labour court has held that termination of services of respondent No. 2 w.e.f. 26.3.1977 is illegal and has awarded reinstatement with full back wages from the date of the award. The factual matrix, in brief are that respondent No. 2 was initially engaged as Driver, purely on temporary basis, w.e.f. 16.1.1975 pursuant to his application dated 16.1.1975 in leave vacancy of one Sukh Ram Singh on a consolidated salary of Rs. 250/ - per month. He continued to work in the leave vacancy vide order dated 4.10.1976 and was thereafter appointed on probation for a period of one year. The letter of appointment is as under : - 'Order Shri Devi Lal is hereby appointed 'DRIVER' in this company on a probation of one year, at a consolidated salary of Rs. 250/ - p.m. He will be governed by the Company's rules framed from time to time. He is required to join his duty within a week of the receipt of this order after submitting a certificate from either Tahsildar or S.D.M regarding his place of residence. Sd/ - (K.P.Singh) Executive Director'
(3.) AT the time of appointment, the factory of petitioner -company was already under construction which had started in the year 1974 and continued till February, 1978. The factory was commissioned during season 1977 -78 and period of trial was 27.2.1978 to 27.5.1978. Commercial production commenced in May, 1979.;