- (1.) Dispute between Nagar Palika Parishad, Firozabad and its workman Kamal Kumar has given rise to filing of these three writ petitions. These petitions have been heard together and are being disposed of by this common judgment.
(2.) Writ Petition No. 25467 of 2013 has been filed by Nagar Palika Parishad, Firozabad, challenging an award passed by Presiding Officer, Labour Court, U.P. Firozabad, dated 15.4.2013 in Adjudication Case No.35 of 2009. By the award, reference has been answered in favour of the workman, holding that his termination from service w.e.f. 22.7.2004 without complying with the requirement of Section 6-N of the U.P. Industrial Disputes Act, 1947 is bad in law, and relief of reinstatement alongwith continuity of service together with 50% back wages has been awarded. A sum of Rs.1500/- towards cost of litigation has also been awarded to the worker. While entertaining the writ petition, following interim order was passed on 7.5.2013:- "Sri A.K. Dixit, the learned counsel for the respondent no.2 will file a counter affidavit within three weeks. List for admission thereafter. In the meanwhile, the effect and operation of the award passed by the Labour Court shall remain stayed provided the petitioner reinstates the workman within three weeks from today and file an affidavit to that effect." Parties are at issue regarding compliance of the aforesaid order.
(3.) Writ Petition No.48995 of 2015 is also filed by the Nagar Palika Parishad, Firozabad, challenging an order passed in Misc. Case No.16 of 2014, under Section 33-C(2) of the Industrial Disputes Act, awarding a sum of Rs.92,320/- towards salary payable from 1.6.2014 to 30th November, 2014 alongwith cost of litigation amounting to Rs.1,000/-. In this petition, an interim protection has been granted on 12.10.2015, staying the order upon the condition of deposit of 50% of the amount payable, which was permitted to be withdrawn by the workman.;