- (1.) Heard Sri Ajay Kumar Shukla, learned Counsel for petitioners-State and Sri Badrish Kumar Tripathi for the contesting respondent no.1.
(2.) In the instant writ petition, the State has challenged the impugned award dated 05.09.2001 passed by the Presiding Officer, Labour Court, U.P., Faizabad in Adjudication Case No.40 of 1999, whereby petitioners have been directed to reinstate the first respondent in service and pay him back wages w.e.f. 14.07.1997.
(3.) Submission of learned Counsel for petitioners-State is that the first respondent was engaged as daily wager on Muster Roll on 19.08.1986 and voluntarily left the job w.e.f. 01.07.1989. It has also been submitted that first respondent was engaged from time to time on the availability of the work in the establishment and when, the work was completed, the engagement of the first respondent has automatically come to an end as no appointment order was issued in his favour. It appears that against the oral order of termination, the first respondent filed a Claim Petition before the Conciliation Officer/ Deputy Labour Commissioner on 14.07.1997. On 04.09.1999, the Deputy Labour Commissioner made a reference to the lower court for proper adjudication of the matter, which was registered as Adjudication Case No.40 of 1999. On 05.09.2001, the Presiding Officer of Labour Court, Faizabad after considering the material and the evidence on record, made an award in favour of the first respondent and directed the petitioners to reinstate the first respondent with back wages w.e.f. 14.07.1997.;