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2000 Supreme(All) 1104

O.P.GARG
EXECUTIVE ENGINEER, ELECTRICITY DISTRIBUTION DIVISION – Appellant
Versus
PRESIDING OFFICER, LABOUR COURT, GORAKHPUR – Respondent


Advocates Appeared:
Ranjit Saxena, Shashi Nandan

O. P. GARG, J.

( 1 ) BY means of this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the award dated 24. 2. 1999 published on 2. 8. 1999. Annexure-7 to the petition made in adjudication Case No. 200 of 1997 by respondent No. 1 and it is prayed that the award in question be set aside and the subsequent order dated 15. 2. 2000, Annexure-12 to the petition passed by respondent No. 1 in Misc. Case No. 155 of 2000 be also quashed.

( 2 ) HEARD. Sri Ranjit Saxena, learned counsel for the petitioner as well as Sri Shashi Nandan appearing on behalf of respondent No. 2 at considerable length. Since, both the parties have advanced the arguments touching the whole gamut of the case, it was agreed that the petition be decided on merits at this stage. Accordingly, I proceed to dispose of this writ petition on merits.

( 3 ) THE respondent No. 2 Surendra Mishra was admittedly appointed as Apprentice in the erstwhile establishment of the petitioner on 1st July, 1977. His services were terminated on 30,10. 1978, He raised a dispute with regard to the termination of his services. By order dated 19. 1. 1996 (Annexure-5 to the petition), the Deputy Labour Co












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