High Court of Judicature at Allahabad
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State Of U.P. And Another v. Labour Court, Agra And Another - WRIT - C No. 28517 of 1997  RD-AH 6367 (24 November 2005)
CIVIL MISC. WRIT PETITION NO.28517 OF 1997
State of U.P. and another ...Petitioner
Labour Court, U.P. Agra and another ...Respondents
Hon'ble Bharati Sapru, J.
The present petition has been filed against an award of the Labour Court dated 1.8.96 passed in adjudication case No.157 of 1994. By this award, the Labour Court has reinstated the workman after reaching a categorical finding that in fact the workman had put in more than 240 days of work and his services were terminated without due compliance of the provisions of Section 6 N of the U.P. Industrial Disputes Act, 1947.
I have heard learned Standing Counsel at length and I have also perused the record. The award records a clear finding of fact, which has not been specifically challenged by the petitioner. Having gone through the record of the case,
I am of the opinion that the Labour Court has correctly come to the conclusion that the respondent workman had put in more than 240 days of hearing and that his services had been wrongly terminated. The award of the Labour Court, therefore, calls for no interference by this Court under Article 226 of the Constitution of India. The award of the Labour Court dated 1.8.96 passed in adjudication case No.157 of 1994 is hereby upheld. The petitioner shall comply with the award and give to the respondent workman all the benefit that flow from the award.
The writ petition is devoid of merits and is, hereby, dismissed.
Dated : 24/11/05
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