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1961 Supreme(All) 131

V.G.OAK
BANARAS ELECTRIC LIGHT AND POWER CO. LTD. – Appellant
Versus
GOVERNMENT OF UTTAR PRADESH – Respondent


V. G. OAK, J.

( 1 ) THIS writ petition is directed against an award of the labour court, Gorakhpur.


( 2 ) BANARAA Electric Light and Power Company, Limited, Bhelupura, Varanasi, is the petitioner. It is a public limited company. S. P. Srivastava, who is opposite party 4 in the writ petition, was an employee of the company. He was employed under a written agreement, dated 11 July 1956. Under that written agreement, each party was entitled to terminate the contract of service by giving one months notice to the other party. In December 1956, a sum of Rs. 200 and odd was wrongly paid. The company made over the case to the police. The police made Investigation, and gave a report casting suspicion upon Srivastava. On 27 November 1958, the management passed an order terminating Srivastavas services with effect from 1 December 1958.

( 3 ) THE workmen of the company took up Srivastavas cause, and raised an industrial dispute complaining that Srivastavas discharge from service was wrongful and unjustified. The State government referred this question to the labour court, Gorakhpur, for decision. The labour court concluded that S. P. Srivastavas discharge from service was wrongful and unjustif



























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