- (1.) S. U. Khan, J. Heard learned Counsel for the parties.
(2.) AMRIT Lal Gupta was an employee of Hindalco Industries. His services were terminated on 30-1-1990 by the employer Hindalco. In respect of the said termination, industrial dispute was raised and State Government referred the matter to the Labour Court, U. P Varanasi where matter was registered as Adjudication case No. 1 of 1991 connected with Misc. Case No. 1 of 1990. Presiding Officer of the Labour Court gave the award on 13-8-1997 (Misc. Case No. 1 of 1990 was in respect of permission sought by the employer under Section 6 (E) of U. P. Industrial Disputes Act for terminating the services of AMRIT Lal Gupta the workman ). In the very second paragraph of the award, Labour Court has mentioned that on 30-7-1997, it had already given decision holding that departmental proceedings were fair and proper. Thereafter, it was mentioned in the said paragraph that after the said decision parties were heard on the question of quantum of punishment. The allegation against the petitioner was that he had encroached upon some land of the employer and had placed a hut thereupon. The workman raised the contention that in any case the alleged piece of land belonged to PWD and not to Hindalco Industries. Labour Court also found that even after repeated request by the workman no measurements were taken. In the end, the Labour Court found that termination was illegal. Ultimately the Labour Court directed reinstatement with full back wages. The first writ petition is directed against the said award. In the first writ petition, on 25-5-1998, an interim order was passed staying the operation of the impugned award provided the workman was reinstated and paid current wages. It was left open to the employer not to take work from the workman. The said interim order was passed in accordance with Section 17-B of Industrial Disputes Act.
(3.) IT is not denied that thereafter some payment was made to the workman by the employer but work was not taken from him. On 21-11-2006, a supplementary affidavit was filed in this writ petition stating therein that from May 1998 to April 1999 the workman was paid Rs. 22477/ -. IT has further been stated that thereafter the workman did not come to collect the wages hence salary from May 1999 to March 2000 was remitted to the Labour Welfare Commissioner Kanpur (total Rs. 44471/- ). The admitted date of birth of Amrit Lal Gupta is 2-1-1939 as such he attained the age of 58 years on 31-12-1996. According to the employer Hindalco, age of superannuation for its employees is 58 years. An application was filed in the first writ petition on 21-5-1999 seeking modification of interim order dated 25-5-1998 on the ground that the workman had already attained the age of superannuation i. e. 58 years. On the said application a detailed order was passed on 16-3-2000. Through the said order, Deputy Labour Commissioner Mirzapur Region Pipri Sonbhadra was directed to consider and dispose of the objection of employer in that regard in case it was filed within the period of three weeks from the said date.;