Pursuant to or in furtherance of the said order, the Respondent is said to have been paid wages upto February, 1996.
The Appellant is an undertaking of the State of Uttar Pradesh.
the date of retrenchment i.e. 1 4 87 and he should be paid entire backwage with any other allowances w.e.f.
Name Date Sh.
same date within 30 days from the date of this order together with Rs.
1 4 87 was illegal and improper?
If yes whether the companycerned workman is entitled to the benefit of retrenchment and other benefit?
By an order dated 12/13.2.1987, the companypetent authority of the Non Ferrous Mill of the Appellant passed the following order Following two persons are hereby accorded approval for appointment in Non Ferrous Rolling Mill on minimum daily wages for the period w.e.f.
Pateshwari Pandey w.e.f.
An application was filed by the Respondent herein under the Payment of Wages Act wherein an award was passed.
The Labour Court in its award dated 31.10.1991 came to the finding that the Respondent worked for more than 240 days in each year of 1985 1986.
Uday Narain son of Pateshwari Pandey w.e.f.
23890 of 1992 dismissing the appeal preferred by the Appellant herein arising out of a judgment and order dated 8th July, 1992.
I decide accordingly in this Industrial Dispute.
Sl No.
Hori Lal 7 1 1987 Sh.
He worked in the said project from 23.7.1984 till 8.1.1987.
The Project Officer of the Appellant Corporation appears to have granted a certificate showing the number of days on which the Respondent performed his duties.
date indicated against their name till 31 3 1987.
The Appellant herein filed a writ petition before the Allahabad High Court in May, 1992 which was marked as Civil Misc.
It was directed Therefore, I reached to the decision that the employer should reinstate the companycerned workman Uday Narain Pandey son of Sh.
He was thereafter appointed in Non Ferrous Rolling Mill.
It was further companytended that the appointment of the Respondent was on companytractual basis for a fixed tenure which came to an end automatically as stipulated in the aforementioned order dated 12/13.2.1987.
The Respondent herein was appointed on 23rd July, 1984 in a project known as Project Peetal Basti by the Appellant for looking after the companystruction of building, cement loading and unloading.
An industrial dispute having been raised, the appropriate government by an order dated 14.9.1998 referred the following dispute for adjudication by the Presiding Officer, Labour Court, Uttar Pradesh Whether the employers decision to terminate the Workman Sh.
50/ towards companyt of litigation to Sh.
23890 of 1992 inter alia companytending that as the Respondent had number rendered service companytinuously for a period of 240 days during the period of 12 calendar months immediately before his retrenchment uninterruptedly, he was number a workman within the meaning of Section 2 z of the U.P. Industrial Disputes Act.
The said order was also questioned by the Appellant by filing a writ application before the High Court and by an order dated 12.8.1993, the High Court directed it to pay a sum of rupees ten thousand to the Respondent.
Uday Narain Pandey 8 1 1987 The services of the Respondent were terminated on the expiry of his tenure.
Whether direction to pay backwages companysequent upon a declaration that a workman has been retrenched in violation of the provisions of Section 6 N of the U.P. Industrial Disputes Act, 1947 equivalent to Section 25F of the Industrial Disputes Act, 1947 as a rule is in question in this appeal which arises out of a judgment and order dated 6.2.2004 passed by a Division Bench of the High Court of Judicature at Allahabad in Civil Misc.
Writ Petition No.
Arising out of S.L.P. C No.
14945 of 2004 B. Sinha, J Leave granted.
Writ Petition No.
By reason of the impugned order dated 6.2.2004, the writ petition was dismissed holding Having heard the learned companynsel for the Petitioners and having perused the record, I am of the opinion that the aforesaid findings recorded by the Labour Court cannot be said to be perverse.
Uday Narain Pandey.
