Rakesh Tiwari - (1.) -Heard Shri Manish Goyal for the petitioners and Shri K. P. Agarwal assisted by Sri A. K. Sinha for the contesting respondent.
(2.) THE petitioners have challenged the award dated 16.12.1983 by means of this writ petition. By the aforesaid award the labour court has directed reinstatement of the workman with full back wages. The brief narration of events for deciding the controversy in this writ petition is as under. The workman Sri Mirazul Haque Siddiqui is alleged to have been appointed by the petitioner on 29.12.1977 under Section 70 of the U. P. Municipalities Act as a temporary Assistant Inspector-cum-Meter Reader. It is further alleged that the appointment of the workman-respondent No. 2 was extended from time to time upto 15.6.1978. His service were terminated by order dated 14.6.1978 as no longer required. It is claimed that the order of termination was tried to be served upon respondent No. 2, but he refused to accept the order after reading the same and as such the order of termination was sent to him by Registered A.D. on 21.6.1978.
(3.) THE workman concerned raised an industrial dispute. On conciliation proceedings having failed the following reference was made to the Presiding Officer, labour court, Agra for adjudication where it was registered as Adjudication Case No. 67/1980 : "Kya Sewayojkon Dwara Apne Shramik Mirajul Haque Siddiqui (Putra Swargiya Shamsul Haque) Ko Dinank 20.7.1978 Se Karya Se Prathak/Banchit Kiya Jana Uchit Tatha/Athwa Vaidhanik Hai? Yadi Nahi, To Sambhandhit Shramik Kya Labh/Anutosh Pane Ka Adhikari Hai Tatha Anya Kis Vivaran Sahit?" On the basis of pleadings between the parties, an additional issue was framed as under : "Whether there was no relationship of master and servant between the parties? If so, its effect?";