- (1.) RAKESH Tiwari, J. Heard Sri S. D. Dubey, counsel for the petitioner, Sri K. P. Agrawal, senior counsel for workman respondent No. 2 and perused the record.
(2.) WORKMAN Respondent No. 2 Basant Kumar Agarwal is claimed to have been appointed initially for a period of 26 days and thereafter for a period of 24 days in the month of September 1982 on daily wage basis as Junior Clerk in August 1982 by Cantonment Board, Kanpur for the reason of dislocation of work due to suspension of one Sri R. K. Shukla. Thereafter he was appointed as temporary junior clerk for three months on 14. 2. 1983 and then was placed on probation for two years vide order dated 5. 5. 1983 for regular appointment. It is submitted by the counsel for petitioner that Sri R. K. Shukla was reinstated and accordingly resolution No. 9 dated 28. 6. 1984 was passed reinstating Sri Shukla. Consequently, the workman respondent No. 2 was served with a notice dated 17. 9. 1984 informing that his services would come to. an end on expiry of 30 days from the date of receipt of the notice. By another letter No. 931 -A dated 17. 9. 84 he was also informed to collect his retrenchment compensation as provided under Industrial Disputes Act, 1947. The said letter No. 931-Adated 17. 9. 1984 is said to have been served by one Sri Satyanarain, a peon in the Cantonment Board who submitted a report to the effect that workman Basant Kumar Agrawal accepted the letter of termination of his services but did not accept the second letter by which he was asked to collect retrenchment compensation etc. Aggrieved by his order of termination, the workman respondent No. 2 moved conciliation machinery under U. P. Industrial Disputes Act, 1947 and the appropriate Government being of the opinion that an industrial dispute exists referred the following matter of dispute to Central Government Industrial Tribunal-cum-Labour Court, Kanpur (hereinafter referred to as the CGIT) where it was registered as Industrial Dispute No. 74 of 1987, Basant Kumar Agrawal v. Executive Officer, Cantonment Board, Kanpur : "whether the action of Executive Officer, Cantonment Board, Kanpur in terminating services of Sri Basant Kumar Agrawal, Junior Clerk w. e. f. 17. 10. 1984 is fair, legal and justified? If not, to what relief concerned workman is entitled to?"
(3.) THE CGIT vide its award dated 9. 3. 1990 which was enforced by publication on 7. 6. 1990 as per letter of Ministry of Labour, Central Government, New Delhi held that the workman was illegally terminated from service and directed his reinstatement with continuity of service and full back wages. The petitioner-Cantonment Board has challenged the award passed by the CGIT in the present writ petition in which following ad interim order dated 13. 2. 1991 was passed: "issue notice. Sri Kameshwar Prasad has accepted notice on behalf of respondent No. 2 and has also filed a counter affidavit. Rejoinder affidavit has also been filed. Having heard learned counsel for the parties, I direct that execution of the award dated 9th March, 1990 of the respondent No. 1 shall remain stayed provided the petitioner reinstates the respondent No. 2 within one month and continues to pay his future wages at current rate. In the event of default, the stay order shall stand automatically vacated. ";