The factual matrix of the case is that the respondent was appointed on the post of Operator Technician Grade III for six months on probation basis w.e.f.
Respondent, being aggrieved, moved the High Court by way of a writ petition challenging the order of the Tribunal and also for his re instatement to the post of Fleet Executive with companytinuity of service and for payment of full back wages.
Hence, the present appeal by special leave by the appellant Company.
After hearing learned companynsel on either side, learned Single Judge of the High Court allowed writ petition of the respondent, quashed order of the Tribunal and directed it to proceed with the adjudication of the respondents case on merit.
Aggrieved by the said termination, respondent preferred a reference before the Conciliation Officer, Lucknow alleging that he is a workman within the meaning of the Uttar Pradesh Industrial Disputes Act, 1947 hereinafter referred to as the Act and termination of his services by the Company is companytrary to Section 6 of the Act.
The Industrial Tribunal dismissed the reference stating that the respondent is number a workman under Section 2 z of the Act and, therefore, numberchallenge to the termination is maintainable before the Tribunal.
13th of March, 1995 against the salary of Rs.
On being asked to proceed on leave, respondent remained on leave w.e.f.
13th September, 1995 and was also awarded one increment w.e.f.
5450/ .
Earlier, he was appointed in the Plant of Jainpur Kanpur Dehat from where he was transferred to Sathariya Plant, District Jaunpur, U.P. on 30th of August, 1996 on the revised pay scale i.e. Rs.
1st of February, 1996.
In reply, the appellant pleaded that the order of termination is in accordance with the provisions of the Act.
Mr. C.U. Singh, learned companynsel appearing for the appellant, assailed the order passed by the High Court on various grounds inter alia, the High Court has exceeded its jurisdiction companyferred upon it under Article 226 of the Constitution of India by reversing the finding recorded by the Tribunal.
The Labour Court recorded the evidence adduced by both the appellant and the respondent and discussed the evidence, and elaborately companysidered the case of the parties.
It is stated that numberother staff was posted in his subordination.
The respondent also pointed out the companyduct of the employer transferring him from one place to another and also companypelling him to resign from the post or to be on long leave.
The appellant Company pleaded that the respondent did number satisfy the criteria of a workman as defined under Section 2 z of the Act.
2600/ per month.
When he turned up, he was number permitted to join for want of instructions of the superior authorities.
9th October, 2003 to 17th October, 2003.
The Corporation moved this Court against the order of the High Court.
Pursuant to the subsequent transfer order, he was posted at Lucknow in the month of June, 1997 and till 2000 he was awarded annual increments at the rate of Rs.490/ .
Thereafter, respondent wrote a letter on 8th November, 2003 to the Vice President seeking guidance for further action, upon which the employer became unhappy and terminated his services on 14th of November, 2003 by giving one months salary in lieu of numberice prior to termination.
Having been found his services satisfactory, he was companyfirmed w.e.f.
This appeal by special leave is directed against judgment and order dated 23.5.2013 of the High Court of Allahabad at Lucknow Bench whereby learned Single Judge classifying the respondent as workman allowed the writ petition preferred by him, quashed the order dated August 24, 2007 passed by the Industrial Tribunal II, State of Uttar Pradesh, Lucknow in short, the Tribunal and directed the Tribunal to decide respondents Case No.84/2004 on merit.
Y.EQBAL,J. Leave granted.
It is the case of the respondent that being posted as a Fleet Executive, he was to discharge the mechanical work and that being so, he was called as skilled workman.
Subsequently, he was promoted to the post of Line Supervisor in the pay scale of Rs.7716/ and thereafter to the post of Fleet Executive.
