- (1.) These five writ petitions arise out of industrial disputes which involve common questions of law and facts. These petitions can conveniently be decided by a common judgment.
(2.) Murari Lal, respondent No. 1, was in the employment of Messrs. Hindustan Aluminium Corporation Limited, Renukot, as Technical Assistant. The Management of the Company framed certain charges against the respondent workman and dismissed him from service with effect from 26th July, 1969. An industrial dispute was raised by the workman and the State Government referred the dispute for adjudication to the Labour Court, Gorakhpur, under S. 10 (c) of the Industrial Disputes Act, 1947 (Central Act). The question referred was as to whether the workman's employer had unjustifiably dismissed the workman from service and, if so, to what relief he was entitled. The Labour Court, by its award dated 15th Nov., 1971, held that the workman's dismissal from service was unjustified and he was entitled to reinstatement without any break in service, although he was not entitled to wages during the period he remained out of employment. The employers challenged the award of the Labour Court by means of a Writ Petition No. 3175 of 1972., they made an application for issue of ad-interim order staying the implementation of the award of the Labour Court, but this Court rejected the stay application and refused to grant any interim relief to the employers. The writ petition was ultimately dismissed by a Division Bench of this Court on 20-1-1978, of which one of us was a member (K. N. Singh, J.) and the validity of the award was upheld.
(3.) During the pendency of the writ petition the employers did not reinstate the respondent-workman even though their stay application had been rejected by this Court. The respondent workman filed five different applications under S. 6H (2) of the U. P. Industrial Disputes Act, 1947, before the Labour Court, Allahabad, for the computation of benefit of reinstatement granted to him under the Labour Court's award and for issue of a certificate to the Collector for recovery of his wages as arrears of land revenue. Under his first application, he claimed relief for the wages for the period 29-3-1972 to 31-10-1973 claiming. Rs. 6,645.48 paise. This application was registered, as Misc. Case No. 89 of 1973 before the Labour Court, Allahabad. The Labour Court upheld the workman's claim by its award dated 27-11-1974. The workman had made four other similar applications claiming relief for recovery of his wages. These applications were decided by two separate awards dated 8-12-1977. Thus the Labour Court by its three different awards held that the respondent-workman was entitled to a sum of Rs. 19,560.48 paise as wages for the period during which he was unjustifiably kept out of employment. The employers have challenged validity of the three awards of the Labour Court, Allahabad. by means of these 5 writ petitions under Art. 226 of the Constitution.;