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1996 Supreme(All) 606

D.K.SETH
U. P. STATE ELECTRICITY BOARD – Appellant
Versus
PRESIDING OFFICER, LABOUR COURT – Respondent


Advocates Appeared:
D.K.Singh, N.A.Moonis, S.C.BUDHWAR

D. K. SETH, J.

( 1 ) THE Award dated 10th November, 1983 passed by the Labour Court, Meerut, U. P, in adjudication case No. 193 of 1977 (formerly Adj. Case No. 106 of 1976, Lucknow) has been challenged by means of this writ petition.

( 2 ) SRI D. K. Singh, holding brief of Sri S. C. Budhwar, learned counsel for the petitioner contends that initially the reference made to the Presiding Officer, named in the order of reference, he having retired, the same was transferred to the another Presiding Officer, by name. The said presiding officer Sri M. Hasan by an order, dated 3rd May, 1982, observed that since the reference was made in the name of Sri Ram Chandra, therefore, the reference cannot be continued by his successor-in-office and, therefore, he had sent the record to the record room. On the basis of an application by an order dated 8-8-1983 the said case was re-opened and proceeded with and thereupon the present award has been given. According to him, the reference having become bad because the same was referred to Sri Ram Chandra, the same could not have been tried by his successor-in-office. The second contention of the learned counsel for the petitioner is that even then the c











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