- (1.) Deputy Labour Commissioner exercising his jurisdiction under section 4-K of the U.P. Industrial Disputes Act, 1947, (hereinafter referred to as "the Act") has made two references to Labour Court, U.P. at Meerut, which were got registered as Adjudication Case No.3 of 2012 and Adjudication Case No.122 of 2002, which was renumbered as Adjudication Case No.4 of 2012. Adjudication Case No.3 of 12 was on the question as to whether non engagement of respondent workman is in teeth of provisions contained under section 6-P & 6-Q of the Act, whereas Adjudication Case No.4 of 2012 was on the question as to whether termination of services of respondent workman w.e.f. 31.5.1999 was valid and justified or not and to what relief is the respondent workman entitled as per law.
(2.) As per respondent workman, he has been appointed as a class IV employee on 1.7.1998 and he continued to work till 31.5.1999 in the Drainage Division of Irrigation Department and he completed 240 days in a calender year. It was alleged that without complying with the provisions of section 6-N of the Act, services of respondent workman were illegally terminated. Further it appears that fresh recruitment exercise was undertaken in the year 2007, pursuant to which respondent workman applied but he was not given any preference and other persons were appointed, and consequently, provisions of section 6-Q of the Act is alleged to have been breached. It is also claimed that during continuance of working he was not paid entire salary. It further appears that certain vacancies were again advertised in December, 2008, pursuant to which respondent workman again applied but he was not given preference and other persons were appointed. Pursuant to the references made, parties have filed their written statement and rejoinder statement and have also adduced oral and documentary evidence.
(3.) On behalf of the petitioner employer it was alleged that respondent workman was engaged as daily wager on 1.7.1998 for temporary work, and his services came to an end after temporary work seized on 31.5.1999, and as such he is not entitled to any relief.;