Judgment

VENKATARAMIAH, J. :- The appellant has questioned in this appeal by special leave the constitutional validity of sub-section (4) of Section 6 of the U. P. Industrial Disputes Act, 1947 (hereinafter referred to as the Act) and also the validity of the Order dated December 5, 1984 passed by the Government of Uttar Pradesh remitting an award passed by the Labour Court, Meerut for reconsideration by it.

2. The appellant was an employee of the Management, M/s. Electra (India) Ltd., Meerut - Respondent No. 5 in the above appeal. The services of the appellant were terminated by the Management by its Order dated April 4, 1977 and the said termination led to an industrial dispute. The State Government by its Order dated May 5, 1979 made under Section 4-K of the Act referred the said dispute for adjudication to the Labour Court, Meerut. The question which was referred to the Labour Court read as follows :

"Whether the termination /removal from work of the employee Shri B. B. Rajwanshi by the employers by their Order dated 4-4-1977 is justified and/or legal? If not, to what benefits /damages is the concerned employee entitled to and with what other details?"

3. On the basis of the pleadings filed by the parties, the following issues were framed by the Labour Court :

1. Was Shri B. B. Rajwanshi not a workman as defined in the U. P. Industrial Disputes Act? If so has this Court jurisdiction to try this case?

2. Did Shri B. B. Rajwanshi not make efforts to minimise the losses due to unemployment?

3. To what relief, if any, is Shri B. B Rajwanshi entitled?

4. Has Shri B. B. Rajwanshi been retrenched? If so how does it affect the case?

4. After recording the evidence adduced by the parties and hearing the arguments the Labour Court held, (i) that the appellant was a workman as defined in the Act, (ii) that the termination of the services of the appellant was illegal and (iii) that the appellant was entitled to be reinstated in his post with continuity of service and also to the payment of backwages and other benefits. The Labour Court accordingly passed an award on August 2, 1984 and forwarded it to the State Government. Instead of publishing the award in the Official Gazette, as required by subsection (3) of Section 6 of the Act, the State Government passed an Order dated December 5, 1984 under Section 6(4) of the Act which read as follows:

GOVERNMENT OF UTTAR PRADESH

LABOUR ANUBHAG - I

No. - 5277 (ST)36-1-84

Lucknow, Dated 5 December, 1984.

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BY ORDER

In the matter of dispute between Messrs Electro (India) Ltd., Meerut and their workman Shri B. B. Rajwanshi, No Adjudication 46/79 and the Award given by the Labour Court, Meerut, the Governor is pleased to remit it for reconsideration under sub-section (4) of Section 6 of the U. P Industrial Disputes Act, 1947.

Sd/-

(Subhash Chandra Bahukhandi)

Joint Secretary."

5. After the matter was remitted to the Labour Court as per the order of the Government of Uttar Pradesh, extracted above, the appellant appeared before the Labour Court on 9-1-1985 and submitted through his counsel that he did not want any reconsideration of the award. On 7-2-1985 on behalf of the Management an application was filed in which inter alia it was stated that the Management wanted to produce some more records in the case to show that the appellant never worked as a workman, that the Executive Director of the Management, namely, Arun Kumar Jain had remained busy in connection with the obtaining of the ticket of Congress (1) Party for Vidhan Sabha from 30-12-1984 to 5-2-1985, that the Management, wanted to summon some more witnesses to give evidence on the question that the appellant was not a workman and that the case might be fixed for hearing after two months. The appellant opposed the said application for adducing additional evidence filed on behalf of the Management. The case was adjourned to 11-3-1985. Again on 11-3-1985 the Management moved for further adjournment of the case. The case was then adjourned to 26-3-19