D. P. MOHAPATRA, CJ.

( 1 ) THE learned single Judge, before whom the case was initially laid, referred the following 2 questions for consideration by a larger Bench:

1. Whether the Labour Court/industrial Tribunal have any statutory or legal obligation to decide any issue as preliminary issue while adjudicating an Industrial dispute in accordance with procedure provided under Rules framed under U. P. Industrial Disputes Act?

2 Whether the High Court can in exercise of its jurisdiction under Article 226 of the Constitution mandate a Court or Tribunal to follow a procedure contrary to statutory Rules? when the case was listed before a Division Bench, the Bench took the view that the matter should be placed before a Full Bench for deciding the questions referred by the learned single judge. That is how the case has been listed before this Full Bench for decision on the aforementioned questions.

( 2 ) SHORTLY stated, the question that falls for determination is whether in a case where the validity of an order of dismissal, discharge, removal or termination of service is referred to the Industrial tribunal or Labour Court for adjudication, the management can insist on the issue regarding

Click Here to Read the rest of this document