State Of U.P vs Charan Singh

This appeal has been filed against the impugned judgment and final order dated 18.07.2006, passed by the High Court of Judicature at Allahabad, in Civil Misc. Writ Petition No. 2588 of 1998, whereby the High Court has upheld and modified the Award passed by the Industrial Tribunal dated 24.02.1997 in Adjudication Case No.139 of 1992. The factual matrix and the rival legal contentions urged on behalf of the parties are briefly stated hereunder with a view to find out whether the impugned judgment and order of the High Court warrants interference by this Court in exercise of its appellate jurisdiction. The respondent was appointed as a temporary Tube-well Operator w.e.f. 06.03.1974 by the Assistant Director of Fisheries Department, Meerut (U.P). His services were terminated vide letter dated 22.08.1975 stating thereby that he was a temporary employee and that his services were no longer required by the Department. He was given one month's wages in lieu of the notice. On 01.05.1976, the respondent filed a petition before the Conciliation Officer, Meerut, stating therein that the respondent's employment has been wrongfully terminated by the appellant as he is a permanent employee of the Fisheries Department and the provisions under Section 6-N of the Uttar Pradesh Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"), which are mandatory in nature, have not been complied with and as such, the termination of the services of the respondent by the appellant is illegal. The matter was transferred from the Conciliation Officer to the Labour Commissioner, Kanpur for adjudication. The respondent made several representations before various high offices and courts including this Court wherein, the same was forwarded to the Secretary, U.P. State Legal Aid and Advisory Board on 09.09.1986 to take necessary action in this regard, which instead directed the respondent to contact the Sabhapati, District Judge, District Law Assistance and Consultant, Civil Court premises, Meerut for consultation. Thereafter, the respondent moved an application before the State Government for the reference of the industrial dispute under the provisions of Section 4-K of the Act and the State Government vide notification no.14499-502 MRIR OP 395/91, dated 24.10.1992 referred the dispute to the Industrial Tribunal, Meerut, thereby framing the following questions for its determination:

In so far as the awarding of full back wages to the respondent by the High Court in its judgment and order dated 18.07.2006 for the period 24.02.1997 to 31.01.2005 is concerned, we retain the same. The appellant is further directed to pay full back wages to the respondent after computing the same on the basis of the revised pay-scale and pay him all other monetary benefits as well. The aforesaid direction shall be complied with by the appellant within four weeks from the date of receipt of the copy of this order.

Accordingly, the appeal is dismissed with modification regarding back wages as mentioned in the preceding paragraphs. The order dated 11.12.2006 granting stay shall stand vacated. No costs.

.....................................................................J. [V. GOPALA GOWDA] .....................................................................J. [R.BANUMATHI] New Delhi, March 26, 2015 ITEM NO.1A-For Judgment COURT NO.9 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 2381/2007 STATE OF U.P Appellant(s) VERSUS CHARAN SINGH Respondent(s) Date : 26/03/2015 This appeal was called on for pronouncement of JUDGMENT today.

For Appellant(s) Mr. Gaurav Bhatia, AAG Mr. Gaurav Srivastava, Adv.

Mr. Utkarsh Jaiswal, Adv.

Ms. Pragati Neekhra,Adv.

For Respondent(s) Mr. Devendra Singh,Adv.

Hon'ble Mr. Justice V.Gopala Gowda pronounced the judgment of the Bench comprising His Lordship and Hon'ble Mrs. Justice R. Banumathi.

The appeal is dismissed in terms of the signed Reportable Judgment.