SUNIL AMBWANI, J. - (1.) HEARD Shri Bhoopendra Nath Singh, learned counsel for the petitioner.
(2.) THE petitioner-workman has prayed for setting aside the award of the Labour Court-ll, U.P. Kanpur dated 13.12.1993 published on 1.4.1994 awarding compensation of Rs.12,000/- to him in lieu of reinstatement in employment. Brief facts giving rise to this writ petition are that the petitioner workman was employed in the Ring Frame Department of the M/s U.P. Cooperative Spinning Mills Ltd. (in short the employer) as Three Side Piecer'. He met with an accident on 10.12.1982 in which three fingers of his right hand were amputated. When he went to attend to his duties, after he was given the fitment certificate in July 1983, he was asked to attend to the duties as 'Bobbin Cleaner'. He was, however, paid the salary of Three Side Piecer'. Later his wages was deducted on which he initiated proceedings under the Payment of Wages Act demanding wages as Three Side Piecer. He was, thereafter, asked to work as Three Side Piecer. When he requested to continue to work as Bobbin Cleaner as he could not perform the duties with his amputed fingers and to be paid as Three Side Piecer, the employer did not allow him to work and stopped noting his attendance in the attendance register w.e.f. 4.3.1989, giving rise to the reference made by the State Government on 8.8.1990 to the Labour Court, Kanpur to adjudicate as to whether the termination of Shri Jai Karan Singh son of Shri Angad Singh as Three Side Piecer on 4.3.1989 by the employer was proper and valid and the reliefs, which the workman is entitled to receive from the employer.
(3.) THE employer challenged the validity of the reference and stated that the workman has demanded the wages of Three Side Piecer'. When he was asked to work as Three Side Piecer, he stopped attending to work w.e.f. 4.3.1989. Several notices were sent to him and thereafter he was given a charge sheet. He did not participate in the proceedings. The employer denied that he was stopped from attending the work w.e.f. 4.3.1989.;