J.J.MUNIR,J. - (1.) This writ petition is directed against an award made by the Presiding Officer, Labour Court, U.P., Gorakhpur, dated 05.03.2003 in Adjudication Case No. 532 of 1992 and published on 08.09.2003. The aforesaid award is hereinafter referred to as the 'impugned award'. By the impugned award, the Labour Court, on reference of an industrial dispute between the petitioners, hereinafter referred to as the 'employers' and respondent no. 1, Brahma Dev Tripathi, hereinafter referred to as the 'workman', have held termination of services of the workman with effect from 01.09.1991 to be illegal and unjustified. It has further been awarded that the workman would be entitled to reinstatement with continuity in service. About the period during which the workman remained out of employment and the date of the impugned award, the workman has been held entitled to 50% backwages. Costs of Rs. 300/- have also been awarded to the workman.
(2.) The case of the workman briefly put is that he was engaged as a Beldar in the year 1979, by the employers in their Tubewell Construction Division. He worked as such regularly and without break, putting in 240 days of service during successive calendar years. His services were terminated with effect from 01.09.1991, without notice or payment of wages in lieu of notice and also without payment of any retrenchment compensation. He urged, therefore, that his termination from service by the employers is illegal and improper. He is entitled to re-engagement with backwages.
(3.) At the instance of the workman, the Deputy Labour Commissioner, Gorakhpur, vide his memo dated 31.08.1992 made the following reference under Section 4-K of the U.P. Industrial Disputes Act, 1947 (for short the 'Act') for adjudication to the Labour Court (translated into English from Hindi vernacular):- "Whether the act of the employers in terminating the services of their workman, Sri Brahma Dev Tripathi S/o Radhey Shyam Tripathi, Beldar with effect from 01.09.1991 is justified, and/or lawful? If not, to what relief/compensation the workman is entitled, and in what terms?" ;