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1999 Supreme(All) 1609

SUDHIR NARAIN
KAMALA NEHRU MEMORIAL HOSPITAL, ALLAHABAD – Appellant
Versus
PRESIDING OFFICER, LABOUR COURT, ALLAHABAD – Respondent


Advocates Appeared:
J.N.TIVARI, PIYUSH BHARGAV, VIJAY RATAN AGARWAL

SUDHIR NARAIN, J.

( 1 ) THIS writ petition is directed against the order of Presiding Officer, Labour Court, Allahabad, respondent No. 1, deciding three issues as preliminary issues.

( 2 ) BRIEFLY stated the facts are that the petitioner initiated domestic enquiry against respondent no. 2. He filed Suit No. 835 of 1995 before VII Additional Civil Judge. West, Allahabad, challenging the validity of constitution of Enquiry Committee. He also prayed restraining the petitioner from his smooth working. The trial court did not grant any injunction staying the enquiry proceedings. He filed another application for injunction and the Court passed an order that in pursuance of the enquiry report, no further action shall be taken against him. The petitioner filed appeals against the order passed by the trial court before the District Judge. Respondent No. 2 also filed appeals before the District Judge. The appeals filed by the petitioner were allowed and the appeals filed by respondent No. 2 were rejected.

( 3 ) IN the enquiry proceedings, respondent No. 2 was found guilty and his services were terminated by the petitioner on 25. 9. 1995. Respondent No. 2 filed an application for amendment, i
































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