Allahabad High Court
State Of U.P. Thru' Executive ... vs Presiding Officer, Labour Court ... on 7 April, 2014
Bench: Abhinava Upadhya
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- WRIT - C No. - 20248 of 2014
Petitioner :- State Of U.P. Thru' Executive Engineer
Respondent :- Presiding Officer, Labour Court And Another
Counsel for Petitioner :- Ms. Suman Sirohi
Hon'ble Abhinava Upadhya,J.
By means of this writ petition the petitioner has challenged the award dated 30.1.2012 published on 19.7.2012 by which a direction has been issued to reinstate the workman and a sum of Rs. 20,000/- (Rs.Twenty thousand) as compensation has been directed to be paid.
It is claimed that the workman-Awadhesh Rai initiated a conciliation proceedings claiming that he was engaged as Beldar in the year 1988 on daily wage basis and worked upto 30.11.1991. Thereafter the services of the workman were illegally terminated with effect from 1.12.1991 without following the procedure prescribed by law. Since no conciliation could be arrived at the same was referred to the Labour Court by the State Government under Section 4-K of the U.P.Industrial Disputes Act. It is also submitted that before the Labour Court an objection was raised by the petitioner that the dispute has been raised after a gap of ten years of disengagement and, therefore, no reference could be made. However, a reference was made and Adjudication Case No. 147 of 2002 was registered and notices were issued.
It is claimed that before the Labour Court a primary objection raised by the employer-petitioner was that reference itself is beyond time and a daily wager cannot be directed to be reinstated on any substantive post as daily wager engagement are not against any post but according to requirement of work. It is also submitted that the Trial Court without considering the delay in making the reference has proceeded to direct reinstatement of the workman on a substantive post along with compensation of Rs. 20,000/-.
Learned counsel for the petitioner relied upon a judgment of the Supreme Court in the case of B.S.N.L. Vs. Bhurumal in Civil Appeal No. 10957 of 2013 dated 11th December, 2013 whereby it has been held that in an establishment where statutory rules are prevalent, reinstatement of a daily wager is not permissible in view of the decision rendered by the Constitution Bench in the case of Secretary, State of Karnataka and others v. Uma Devi and others, AIR 2006 SC 1806 but in case it is found that the termination of service of a daily wager results in 'beggar' or illegal labour practice, then compensation can be awarded but not reinstatement.
The matter requires consideration.
Issue notice to respondent no.2 returnable at an early date.
The respondents may file counter affidavit within one month.
The petitioner shall take steps for service of notice upon respondent no.2 within a week.
List after one month.
Till the next date of listing, the operation of the impugned award dated 30.1.2012 shall remain stayed provided the petitioner deposits the amount of compensation before the Labour Court within a period of one month. Liberty is granted to the workman to withdraw the said amount.
Order Date :- 7.4.2014
SKM
