COURT NO.2

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition (M/S) 4908/2001

(Old No. 23118 of 1996)

State of U.P.

through Superintending Engineer,

Anusandhan Avam Niyojan Mandal,

Pratham, Dehradun and Other.

……..Petitioners

Versus

Ujjawal Singh & Other.

…….Respondents

Sri Gopal Narain, learned Brief Holder for the State.

None for the respondent no. 1.

27

^th June, 2008

Hon’ble P.C. Verma, J.

This writ petition has been filed by the petitioners

challenging the award dated 31.8.1995 passed by the

Labour Court in reference case no. 90 of 1990.

2.

Facts, in brief, are that the workman was

permanently employed as a Gauge Reader on 22.7.1987

in the petitioner’s department and he continued to work

as such until the termination of his services w.e.f.

10.6.1988 by an oral order and without any prior notice.

In these facts and circumstances, the following reference

was made:

Whether the action of the employer in

terminating the services of its workman Sri

Ujjawal Singh S/o Sri Tarachan from the

post of Gauge Reader w.e.f. 10.6.1988 is

valid and leagal? If not, to what relief the

workman is entitled to get?

3.

The Labour Court, after taking into consideration all

the evidence available on record, has recorded a clear cut

finding that the workman has completed more than 240

days and has ordered for his reinstatement. Full back

wages has not been given, only a lump sum

compensation has been awarded. I do not find any

illegality or perversity in the award of the Labour Court.

The writ petition is devoid of merit and is dismissed

accordingly. No order as to costs.

(P.C. Verma, J.)

27.6.2008

Prabodh