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1994 Supreme(All) 379

S.K.KESHOTE
BAIJ NATH BHATTACHARYA – Appellant
Versus
LABOUR COURT – Respondent


Advocates Appeared:
A.K.SINGH, K.P.AGARWAL, V.R.Agrawal

S. K. KESHOTE, J.

( 1 ) HEARD learned counsel for the parties.

( 2 ) THE petitioner--workman, employed with the respondent No. 2 has raised an industrial dispute regarding alleged wrongful termination of his service w. e. f. August 31, 1981. The State of U. P. in exercise of its powers under Section 4-K of the U. P. Industrial Disputes Act, 1947 referred the said dispute for adjudication to the Labour Court, Allahabad vide order dated June 30, 1982. The Respondent No. 1 gave its award on May 30, 1985 and reference was answered against the petitioner. This award was published on August 20, 1985. This award has been questioned by the petitioner in this writ petition. The petitioner has questioned the legality of the order of termination of his service on the ground that the Respondent No. 2 has not given him one month notice or notice-pay and retrenchment compensation and hence same has been made in total violation of the provisions of Section 6-N of the U. P. Industrial Disputes Act, 1947 (hereinafter referred to as the state Act ). The Respondent No. 1 decided and answered the reference against the petitioner on two grounds, namely that the petitioner has not actually worked for 24























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