Rakesh Tiwari - (1.) HEARD learned counsel for the parties and perused the record.
(2.) THIS writ petition has been filed for quashing the award dated 28.7.95, passed by the Industrial Tribunal (I), U. P., Allahabad in Adjudication Case No. 211 of 1993, Paras Nath v. State of U. P. and another. The case of the employers is that the workman concerned was engaged as daily wager on a temporary post but he was not discharging his duties sincerely and remained absent from his duties since 20.5.1993 without any application or information. Thereafter a medical certificate was furnished by the workman concerned for the period 20.5.93 to 28.5.93 and they had not terminated the services of the workman concerned. It appears that the workman concerned raised an Industrial Dispute before the Deputy Labour Commissioner, Allahabad who referred following matter of dispute to the Industrial Tribunal (I), U. P., Allahabad where it was registered as Adjudication Case No. 211 of 1993. ...[VERNACULAR TEXT OMMItED]...
(3.) THE case of the workman before the labour court was that he was appointed as Electrician Fitter and thereafter worked till 19.5.93 ; that he had fallen ill from 20.5.93 to 28.5.93 and remained under treatment of a medical practitioner. THEreafter reported for duty alongwith fitness certificate and moved an application before the authorities concerned on 29.5.93 but was not permitted to work, hence he alleged illegal termination of his services without any notice or retrenchment compensation in lieu thereof. The labour court by the impugned award has held that the termination of services of the workman was in violation of the provisions of Section 6N of the U. P. Industrial Disputes Act, 1947 ; further noticing that though the representative of the employers, opposite party, cross-examined the workman concerned but for the reasons best known to him, he did not put even a single question to the workman in respect of his illness and refusal to work inspite of submission of medical certificate in his examination-in-chief. The statement of the workman being uncontroverted, the court below believed the version of the workman concerned and held that : "The statement of the workman concerned coupled with the above documents proves the case of the workman concerned in its entirety. The pleas taken by the employers, opposite parties, in their objection filed before the Conciliation Officer in the above C.P. case are inconsistent with and contradictory to those taken by them in their written statement and rejoinder filed in the Tribunal on several points. The learned representative for the employers, opposite parties, has conceded to all this in the course of his arguments. All this indicates nothing but falsehood in the case get up by the employers, opposite parties particularly in the absence of documents from their side. This has also been conceded to by their learned representative in the course of his argument. In the result, the workman concerned, Sri Paras Nath, is held entitled to reinstatement with continuity of service, full back wages and all other benefits which he would have got if his services had not been illegally terminated. The award is accordingly passed in favour of the workman and against the employees, opposite parties. The employers, opposite parties, are directed to comply with these directions within the period of 30 days from the date of production of a copy of this award before them after the date of its publication. There shall, however, be no order as to costs." ;