SBCWP No.644/1999 – Narendra Giri v. Labour Court & anr Date of order:08.04.2009 1 of 3 S.B.C.W.P. No.644/1999 Narendra Giri v. Labour Court and another Date of Order: 08th April, 2009 HON'BLE MR JUSTICE GOVIND MATHUR Mr Vijay Mehta, for the petitioner Mr Jagdish Vyas, for the respondents By this petition for writ, a challenge is given to the award dated 06th January, 1999 passed by the Labour Court, Jodhpur in Industrial Disputes (Central) No.6/97. By the award aforesaid, the Labour Court while answering a reference made to it in the terms that - “Whether the action of the Branch Manager, UCO Bank, Phalodi (Jodhpur) in terminating the service of Shri Narendra Giri from 21.3.1994 is legal, just and proper? If not, to what relief the said workman is entitled?”; declared retrenchment of the workman effected on 21st March, 1994 illegal and allowed a compensation in a tune of Rs.57000/- to the petitioner-workman. As per learned counsel for the petitioner, the Labour Court should have granted relief of reinstatement after holding retrenchment of the workman bad. I have examined the award impugned. The petitioner workman was employed with the respondent-Bank as Class-IV SBCWP No.644/1999 – Narendra Giri v. Labour Court & anr Date of order:08.04.2009 2 of 3 employee in the month of April, 1986 and on 05th March, 1987 by an oral order he was terminated from service. After adjudicating an industrial dispute raised in this regard, the Labour Court held termination of the workman on 05th March, 1987 illegal and therefore, a direction was given for his reinstatement in service with all back-wages. The award passed in this regard by the Labour Court came to be assailed by the employer-Bank by way of filing a writ petition (Writ Petition No.992/87) before this Court, however, that petition for writ came to be rejected on 01st November, 1993. The employer- Bank accordingly reinstated the workman and also paid all back- wages to him. After reinstatement, the workman was retrenched from service on 21st March, 1994. The aforesaid retrenchment was held bad by the Labour Court by the award impugned dated 06th January, 1999. With the factual background as above, the workman actually worked with the employer for a very short term, that is, from month of April, 1986 to 05th March, 1987 and thereafter, for a few days in the year 1994. For working of this period, the workman has already received backwages and has also been declared entitled for compensation for an amount of Rs.5700/-. SBCWP No.644/1999 – Narendra Giri v. Labour Court & anr Date of order:08.04.2009 3 of 3 In view of the facts as stated above, I am not inclined to interfere with the award passed by the Labour Court while exercising powers under Articles 226 and 227 of the Constitution of India. Accordingly, this petition for writ is dismissed. [GOVIND MATHUR],J. mma