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STATE OF U.P.THRU' SECY. IRRIGATION AND ANOTHER versus SHIV KUMAR AND ANOTHER

High Court of Judicature at Allahabad

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State Of U.P.Thru' Secy. Irrigation And Another v. Shiv Kumar And Another - WRIT - C No. 54816 of 2003 [2007] RD-AH 6472 (9 April 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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.23

Civil Misc. Writ Petition No.54816of 2003

State of U.P. through Secretary, Irrigation U.P. Sashan, Lucknow and another Vs. Shiv Kumar and another

Hon'ble S.U, Khan, J.

Heard learned counsel for the parties.

This writ petition is directed against the award dated 26.02.2003 given by Labour Court (I), U.P., Kanpur, in adjudication case No.164 of 2000. The matter, which was referred to the Labour Court, was as to whether the action of the petitioner employer terminating the services of their employee, respondent No.1, w.e.f. 01.08.1994, was legal or not.

The workman contended that he was employed on the post of watchman on 11.07.1991 and worked on the said post till 01.08.1994 and his services were terminated without any notice. It was stated by the workman himself that occasionally, he was shown to be muster-roll employee by the employers. The case of the employer petitioner was that the workman concerned worked for 74 days in 1992, 30 days in 1993 and 178 days in 1994 uptill July. The employer petitioner had filed photostat copies of the muster-roll registers for the relevant period, which were not found admissible by the Labour Court as they were not proved. The Labour Court found that the petitioner worked for three years before his termination. However, the version of the employer, that the workman concerned was given employment on muster-roll, was not disbelieved . Ultimately, retrenchment order was set aside on the ground that provisions of Section 6-N of U.P. Industrial Disputes Act, 1947, had not been complied with and reinstatement with full back wages was directed .

The Supreme Court in the following authorities has held that merely for non compliance of provisions of Section 6-N of U.P. Industrial Disputes Act, 1947 or Section 25-F of I.D. Act, it is not essential to direct  reinstatement with full back wages unless the workman can show some right of permanence. In suitable cases in stead of reinstatement with full back wages, proper relief is to direct payment of consolidated damages/compensation:-

1.U.P. State  Brass ware Corp. Vs. U.N. Pandey, 2005 AIR SCW 6314

2.Nagar Maha Palika Vs. State of U.P. AIR 2006 SC 2113

3.Haryana SEDC Vs. Mamni, AIR 2006 SC 2427

Moreover, by virtue of Constitution Bench Authority of Secretary, State of Karnataka and Ors. v. Umadevi and Ors. AIR 2006 SC 1806 daily wagers/muster roll employees/ad hoc employees etc do not have any right of absorption or regularization.

Accordingly, writ petition is allowed. Impugned award is set aside and substituted by the order of payment of Rs.20,000/- as consolidated damages/compensation to respondent No.1. This amount shall be paid in addition to any amount, which may have been paid to the workman under the impugned award and interim order passed by this Court dated 12.12.2003. The aforesaid amount of Rs.20,000/- shall be paid within one month failing which 1 % per month interest shall be payable since after one month till actual payment.

Copy of this order may be given to Sri N.P. Pandey, learned standing counsel free of cost within a week.

Date:09.04.2007

NLY


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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