Judgment

Arijit Pasayat, J.—This appeal is directed against the judgment of the learned Single Judge of the Allahabad High Court. The learned Single Judge held that the termination of services of the respondent was contrary to the provisions of Section 6(N) of the Uttar Pradesh Industrial Disputes Act, 1947 (in short the ‘U.P. Act’). Directions were given for reinstatement with continuity of service and 50% of the back wages from the date of termination of the services till the date of award.

2. Background facts in a nutshell are as follows:

On the basis of a dispute raised by the respondent a reference was made by the State Government to the Labour Court, Allahabad for adjudication of the following question:

“Whether the termination of services of its workman Vinod Kumar, Clerk w.e.f. 22.10.82 by the employer is proper or legal? If no, the benefit/relief the concerned workman is entitled for the other with details?”

3. The respondent’s case as set up in the dispute and as was canvassed before the labour court was that he was employed by the appellant (hereinafter referred to as the ‘employer’) on 16.9.1980 as a clerk and had continued till 21st October, 1982 with some breaks. According