SANGEETA CHANDRA, J. - (1.) These two writ petitions have been filed challenging the award passed by the Presiding Officer, Labour Court, U.P. Kanpur dated 22.4.2004 in Adjudication Case No.257 of 1984. The employer M/S Kanpur Plastic Pack Ltd. Kanpur has challenged the award insofar as, it has setaside the dismissal of the respondent Teekam Singh as wrongful and illegal and directed for his reinstatement. Teekam Singh, the workman has challenged the award insofar as the Presiding Officer has not given full backwages to the workman and limited it to twenty five percent only even after holding that his dismissal was wrong and he was thus entitled for reinstatement.
(2.) The facts as are evident, from a perusal of the award in question are to the effect that Teekam Singh was employed in M/S Kanpur Plastic Pack Ltd. with effect from 8.11.1976 as a permanent employee. He was working as a chemist in the laboratory of M/S Kanpur Plastic Pack Ltd. It is the case of Teekam Singh that he was performing purely clerical, manual, technical work, which did not involve any supervision of any staff under him. He was given the designation of supervisor by the employer with malafide intent.
(3.) A charge-sheet was given to Teekam Singh on 20th August 1983 asking for an explanation from him which explanation he gave. Thereafter, no inquiry was conducted and without giving any opportunity of hearing and without the charges being proved at any stage, the employers issued the dismissal order dated 3.9.1983 holding him guilty of all the charges.;