JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Challenge in this appeal is to the judgment of a learned Single Judge of the Allahabad High Court dismissing the writ petition filed by the appellant. By the said impugned judgment learned Single Judge affirmed the view of Presiding Officer, Industrial Tribunal No.1, U.P., Allahabad.

2.Background facts in a nutshell are as follows :

“Respondent was working as a gate keeper in the appellant Cinema Hall. On 6.10.1993 it was noticed that counterfoils of the tickets were missing and, therefore, First Information Report was lodged with police. According to the appellant the respondent absented himself from work but it is a matter of record that he was running a betel shop next to the Cinema Hall. Respondent raised an industrial dispute before the Conciliation Officer alleging termination of services. Appellant filed its reply statement stating that there was no termination and in fact it was open to the respondent to resume duties whenever he wanted. Reference was made to the Industrial Tribunal under Section 4K of the U.P. Industrial Disputes Act, 1947 (in short the ‘Act’), on the question as to whether there was absence from work and no termination. In t