Lord Krishna Textiles Mills v. Labour Court, Dehradun and Others
2013-01-08
SIBGHAT ULLAH KHAN
body2013
DigiLaw.ai
Hon'ble Sibghat Ullah Khan,J. Heard learned counsel for the parties. This writ petition has been filed by the employer and is directed against the award dated 29.5.1997 given by Presiding Officer, labour Court U.P. Dehradun in Adjudication Case no.171 of 1996. Even though now Dehradun is in Uttaranchal State, however, petitioner Mill is situate at Saharanpur which is still in U.P. hence this Court continues to retain the jurisdiction to hear this writ petition. The matter which was referred to the labour court was as to whether the action of petitioner employer terminating the services of its workman respondent no.2 Hukum Chand Garg w.e.f. 23.2.1982 was just and valid or not. The dispute was raised after 14 years i.e. in the year 1996. The workman contended that in normal course he would have retired on 28.10.1988. The employer contended that the workman had voluntarily resigned on 23 (or 27).2.1982 and had accepted Rs.17420/- as entire dues payable to him on 2.3.1982. The workman in his rejoinder affidavit before the labour court admitted that he had been paid the terminal dues of Rs.17420/-, however, in para 8 he mentioned as follows: "Alleged amount of Rs.17420/- can not be full and final settlement it could have been much more". The workman had also stated that in case he had not been forced to resign he would have continued to work till 28.10.1988 on attaining the age of superannuation. Even from 1998 the dispute was raised after 8 years. The workman only stated that he had filed some complaint before the police authorities. Ultimately labour court held that retrenchment of workman on 23.2.1982 was illegal and it directed that as the dispute had been raised quite late hence from 23.2.1982 till the workman attained the age of superannuation (28.10.1988) he must be paid 50% wages. The execution of the impugned award was stayed through interim order dated 1.5.1998 passed in this writ petition. The award given by the labour court is utterly illegal and completely without jurisdiction. It is complete mockery of law. Workman remained silent for 14 years he had also accepted the dues payable on resignation/cessation of employment. Accordingly, under no circumstances the claim could be allowed. Writ petition is, therefore, allowed impugned award is set aside. ……………………………………..