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U.P.State Electricity Board v. Presiding Officer, Labour Court, Varanasi & Others - WRIT - C No. 12147 of 1998 [2007] RD-AH 12646 (23 July 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Dilip Gupta,  J.

This petition seeks the quashing of the award passed by the Labour Court in Adjudication Case No. 211 of 1991.

The reference, that had been made by the Labour Court, was whether the employers were justified in terminating the services of the respondent-workman w.e.f. 1.4.1982 and if not, then to what relief the  respondent-workman was entitled to. The Labour Court by the award reinstated the workman with continuity of service.

In support of the contention that the workman had worked continuously from 11.10.1978 to 31.3.1982, the  respondent-workman had filed a certificate issued by the then Executive Engineer Sri B.L. Prasad and relying upon the said certificate, the Labour Court has passed the impugned order.

Sri Ranjit Saxena, learned counsel for the petitioner has contended that in identical matters in which reliance has been placed upon this certificate, this Court allowed a number of writ petitions and quashed the award of the Labour Court. He has placed before the Court one such decision rendered in Civil Misc. Writ Petition No. 12435 of 1998 (U.P. State Electricity Board Vs. Presiding Officer, Labour Court, Varanasi and others) decided on 28.9.2004.

Learned counsel for the respondents is not present even though the list has been revised.

In such circumstances,  for the reasons stated in the judgment and order dated 28.9.2004 in Writ Petition No. 12435 of 1998, this writ petition is allowed. The award of the Labour Court is set aside. However,  if any amount has been paid to the workman, it shall not be recovered. Interim order, if any, stands vacated.

Dt/- 23.7.2007



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