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1981 Supreme(All) 203

YASHODANANDAN, P.S.GUPTA
INDIAN EXPLOSIVE LTD. (FERTILISER DIVISON) – Appellant
Versus
STATE OF U. P. – Respondent


YASHODANANDAN, J.


( 1 ) THE Indian Explosives Limited is a public Limited Company registered under the Companies act, 1956, and is engaged in the business or manufacture and sale of explosives and fertilisers. The petitioner before us is its Fertilizer Division having its factory at Panki, Kanpur. By means of this petition under Article 226 of the Constitution, the petitioner prays for writ in the nature of certiorari or any other writ, direction or order to quash and or set aside the Reference Order made by respondent No. 1, the State of Uttar Pradesh, dated 6th September, 1977, and the order of respondent No 2, the Industrial Tribunal III, Uttar Pradesh, Kanpur, dated 18th December, 1978 disposing of certain issues framed as a consequence of the written statement filed by the petitioner raising certain preliminary objections.

( 2 ) THE material facts on the basis of which this petition is based are that disciplinary proceedings were commenced by the petitioner against 16 of its workmen, 11 of whom having been impleaded as respondents 4 to 14 in this petition. The workmen did not appear at the domestic enquiry and consequently on the basis of the ex parte findings recorded during







































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