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1999 Supreme(All) 757

D.K.SETH
U. P. RAJYA SETU NIGAM SANYUKT KARMACHARI SANGH – Appellant
Versus
U. P. STATE BRIDGE CORPORATION, LUCKNOW – Respondent


Advocates Appeared:
N.C.RAJVANSHI, V.B.SINGH

D. K. SETH, J.

( 1 ) IN these cases a very simple but an interesting question is raised. The question as to whether, termination of service under Clause L-2-12 of the certified Standing Order of U. P. State Bridge corporation Ltd. on the abandonment of service on account of unauthorised absence for more than consecutive 13 days during the period when admittedly the workmen were on strike, though might be illegal, could be sustained?

( 2 ) WHILE opposing the proposition Mr. V. B. Singh, learned counsel for the petitioner appearing with Sri Narendra Mohan, learned counsel had sought to support the said question through different questions of law based on admitted facts. On the other hand, Shri N. C. Rajvsnshi ably assisted by Shri Arun Gupta, learned counsel for respondents had similarly raised various questions of law on admitted facts.

( 3 ) THE facts in these cases are not in dispute. Those are in brief as follows : in writ petition No. 36071 of 1995, services of 168 workmen were terminated by an order dated 30. 10. 1995, contained in Annexure-6 to the writ petition and the order dated 4. 11. 1995 in respect of one workman, as amended. While in Writ Petition No. 4043 of 1996, servi






























































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