J.J.MUNIR,J. - (1.) The petitioner, Kribhco Fertilizers Limited, have impugned an award of the Labour Court, U.P., Bareilly, dated 06.09.2018 (published on 22.12.2018) in Adjudication Case no.21 of 2017. By the award aforesaid, the Labour Court has held dismissal from service of eight workmen of the petitioner to be unlawful and illegal, and ordered their reinstatement in services with full back-wages. The eight workmen were dismissed by orders of different dates passed by the petitioner in exercise of powers under Clause 45.0.0 of the Oswal Chemical and Fertilizers Limited, Standing Orders. These Standing Orders have been certified by the competent authority, under the Industrial Employment (Standing Orders) Act, 1946. The aforesaid Standing Orders shall be hereinafter referred to as the Standing Orders. The eight workmen were dismissed by the petitioner without holding inquiry by invoking the Special Procedure in Certain Cases, provided for under Clause 45.0.0 of the Standing Orders. The workmen, who have been dismissed from service, were represented before the Labour Court by the first respondent, Union through their General Secretary, J.B. Singh, who is also one of the dismised workmen. Before this Court also, therefore, the eight workmen have been impleaded through the Employees' Union, called Oswal Chemicals and Fertilizers Limited Karmchari Sangh.
(2.) It would be appropriate to depict in tabular form the particulars of workmen, who have been dismissed by orders of different dates. The dates of the relative orders of dismissal are also shown. The eight workmen of the petitioner whose interest before this Court is represented by the first respondent, Union, are hereinafter referred to as the ''workmen' wherever the reference is collective; individually, they would be referred to by their names. These particulars are depicted thus: Sr. No. Name of the Workmen Designation Date of Dismissal from Service Date of Birth 1. J.B. Singh Assistant (Secretary of Union) 10.06.2009 13.08.1970 2. Shamsher Chand Security Guard 18.06.2009 02.05.1958 3. Rakesh Mishra Security Guard 27.06.2009 10.03.1970 4. Radhey Shyam Security Guard 26.06.2009 10.11.1954 5. Jang Bahadur Yadav Security Guard 16.06.2009 02.11.1972 6. Vijay Prakash Shukla Security Guard 26.06.2009 10.01.1958 7. V.K. Rajpoot Fireman 16.06.2009 15.10.1972 8. Sushil Kumar Mishra Fireman 27.06.2009 10.02.1978
(3.) The record shows that suo motu action was taken by the State Government to make a reference of an industrial dispute on 10.06.2010, in exercise of powers under Section 4 of the U.P. Industrial Disputes Act, 1947 (for short, the Act), relating to the aforesaid dismissal of the petitioner's workmen. The reference aforesaid was made to the Labour Court, Rampur, where it was registered as Adjudication Case no.32 of 2010. The reference was made in the following terms (in Hindi vernacular): ...[VARNACULAR TEXT OMITTED]...;