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State of U.P. and ors. Vs. Presiding Officer, Labour Court, Iv, Kanpur and anr. - Court Judgment

SooperKanoon Citation
SubjectLabour and Industrial
CourtAllahabad High Court
Decided On
Case NumberC.M.W.P. No. 2940 of 1997
Judge
Reported in2002(2)AWC1141; [2002(92)FLR1223]; (2002)2UPLBEC1039
ActsUttar Pradesh Industrial Disputes Act, 1947 - Sections 6N
AppellantState of U.P. and ors.
RespondentPresiding Officer, Labour Court, Iv, Kanpur and anr.
Appellant AdvocateR.R. Misra, S.C.
Respondent AdvocateDevendra Pratap Singh, Adv.
DispositionPetition dismissed
Excerpt:
labour and industrial - termination - section 6n of u.p. industrial disputes act, 1947 and article 226 of constitution of india - employer pleads that preliminary issue not addressed - labour court states that preliminary issue was not proved adequately - labour court found that the workman is qualified for the post of seenchpal - executive engineer asked permission for the extension of the concerned workman - section 6n is not complied while termination of services - no illegality in the order passed by labour court - held, no interference is required under article 226. - .....jfed d;k fgrykhk@{kfriwfrzikus dk vf/kdkjh gs fdl frffk ,oa fdl vu; fooj.k lfgr **3. heard learned counsel for the parties. the parties have exchanged their pleadings, adduced their evidence and the matter was argued before the labour court. learned standing counsel has raised first ground that the labour court has not dealt with the preliminary objection taken on behalf of the employer that workman concerned was not employed in the industry. the aforesaid contention of learned standing counsel is not correct. the labour court has recorded a categorical finding that the preliminary objection was not pressed and neither any documents, nor any other evidence has been adduced and no arguments were advanced to press this ground. in this view of the matter, the argument of learned.....
Judgment:

Anjani Kumar, J.

1. By means of this writ petition under Article 226 of the Constitution of India, the petitioners have challenged the award of the Labour Court IV, U.P., Kanpur dated 2.7.1996, Annexure-2 to the writ petition.

2. The facts leading to the filing of present writ petition are that the State Government vide its order dated 11.2.1992 has referred the following dispute before the labour court, the respondent No. 1.

^^D;k lsok;kstdksa }kjk vius JfedJh jktsUnz dqekj iq= Jh HknbZ yky lhapiky dks fnukad 1-2-1990 ls dk;Z ls i`Fkd@oafpr fd;k tkuk mfpr ,oa oS/kkfud gS ;fn ugha] rks lacaf/kr Jfed D;k fgrykHk@{kfriwfrZikus dk vf/kdkjh gS fdl frfFk ,oa fdl vU; fooj.k lfgr **

3. Heard learned counsel for the parties. The parties have exchanged their pleadings, adduced their evidence and the matter was argued before the labour court. Learned standing counsel has raised first ground that the labour court has not dealt with the preliminary objection taken on behalf of the employer that workman concerned was not employed in the industry. The aforesaid contention of learned standing counsel is not correct. The labour court has recorded a categorical finding that the preliminary objection was not pressed and neither any documents, nor any other evidence has been adduced and no arguments were advanced to press this ground. In this view of the matter, the argument of learned standing counsel is not correct and cannot be believed and it is liable to be rejected. The second ground that has been argued by learned standing counsel is that since the workman was not trained, therefore, he could not have been appointed as Seenchpal, the post on which the workman was directed to be reinstated and regularised. This argument is also not supported by any evidence on the record. On the contrary, the labour court has recorded a finding that in the letter dated 26.10.1989, the executive engineer has sought for permission of the extension of the concerned workman's appointment beyond December, 1989, in which it has been stated that workman has been working for past one year. He belongs to Scheduled Caste and he has training of conducting the revenue work. On the aforesaid recommendation of the executive engineer, the superintending engineer vide its order dated 18.11.1988 has granted permission for the continuance of the workman concerned. In this view of the matter, this argument is fallacious. With regard to the rest of the findings that the petitioner has completed more than 240 days in preceding 12 calendar months, the same is not challenged. It is also admitted that while terminating the services of the workman, the proceedings of Section 6N of the U.P. Industrial Disputes Act, 1947, has not been complied with. I find no irregularities or illegalities in the award impugned, therefore, no interference is required under Article 226 of the Constitution of India against the findings recorded by the labour court. This writ petition therefore has no force and deserves to be dismissed and is hereby dismissed. The interim order, if any, stands vacated. There will, however, be no order as to costs.


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