The governmental construction
Company, established of which used to carry on work of construction of buildings
and plants on contract. The workman had been appointed as Foreman (Head Mistri)
by employer for work on permanent basis for working at Raipur. After interview
on a consolidated salary of Rs. 1800/-; and workman was posted for working on
Dehradun-Raipur site by the employer. But employer had not given any
appointment letter to the workman. Workman was directed to submit his joining
at the Head Office at Kanpur, and in compliance the workman joined at the Head
Office of the establishment of the employer at Kanpur and continued to get his
presence recorded at the Head Office. Workman was engaged on temporary basis
for working at Dehradun-Raipur site, and on completion of the work, full and
final payment was made to the workman.The Director of the Establishment orally
removed the workman from the work.
The Award the Labour Court held
that the removal/deprivation of the petitioner workman was improper and
illegal. It was not on the basis of principles of natural
justice. Writ Petition under Article 226 of the
Constitution of India has been filed by the petitioner, interalia.
The
writ Petition is allowed. The impugned order writ Petition passed by the Labour
Court is quashed. The circumstances of the case, there will be no order as to
Costs. U.P. industrial Disputes Act, 1947.