Sunil Ambwani, J. - (1.) HEARD Shri Vijay Sinha, learned counsel for the petitioner. Shri B.N. Singh appears for the respondents.
(2.) BY an order dated 17.12.2008 the restoration application was allowed on payment of costs and that the writ petition was heard on merits. M/s. Hindustan Aeronautics Limited, Chakeri, Kanpur is a company registered under the Companies Act, 1956 and is engaged in the manufacture of aircrafts, avionics, aircraft accessories, instruments/components etc. The company mainly caters to the requirement of the defence and is wholly owned and controlled by the Central Government. By this writ petition the petitioner has prayed for quashing the award dated 31.3.1989 passed by the Labour Court-V, U.P. Kanpur in Adjudication Case No. 28 of 1983 decided on 31.1.1989. The Labour Court found that the domestic enquiry was not just and fair and allowed the employer to lead evidence. It, thereafter, found that the charges for which the respondent workman was terminated on 7.5.1981 were not established and that the workman is entitled to reinstatement with full back wages. The Labour Court did not agree with the objections that the employer has lost confidence in the employee and directed reinstatement with full back wages w.e.f. 7.5.1981. The Labour Court has thereafter given an option that if the employer do not wish to reinstatement the workman, it will give him full back wages w.e.f. 7.5.1981 and thereafter terminate his services after giving him one month notice following the provisions under Section 6-N of the U.P. Industrial Disputes Act, 1947. The workman was also made entitled to Rs.500.00 as costs.
(3.) THE operation of the award was stayed on 16.1.1989 on deposit of Rs. 20.000.00with the Labour Court out of which Rs.10, 000.00 was to be withdrawn by the respondent-workman without furnishing security and remaining amount was to be kept with the respondent No. 1. The Writ Petition No. 6136 of 1991 filed by the workman-employee of Hindustan Aeronautics Ltd. as Second Cook seeks to quash the observation contained in para 14 and 15 to direction to retrench in the award dated 31.3.1989 in Adjudication Case No. 28 of 1983 decided by the Presiding Officer, Labour Court-V, U.P. Kanpur. On 3.11.1995 the Court passed following order: "Heard the learned counsel for the parties. These two writ petitions are against the same award of the Labour Court. By means of the interim order dated 16th October, 1989, the petitioner was directed to deposit Rs.20, 000.00 out of which Rs.10, 000.00 was paid to the respondent No. 3 without furnishing any security the balance was to remain with respondent No. 1. Learned counsel for the petitioner has made a statement that the aforesaid order has been complied with. The controversy involved in this case is that when there is a finding of the Labour Court that the employer lost confidence in the employee can there be any order of reinstatement. The second controversy is as to whether the findings of fact recorded by the Labour Court, that no case has been made out against the petitioner can there be no reinstatement. There are the two legal question involved in this case. This is a case in which a final hearing can be done, as such the parties may apply for final hearing of the case. Admit. Issue notice.";