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1960 Supreme(All) 229

JAGDISH SAHAI
LORD KRISHNA SUGAR MILLS, LTD. – Appellant
Versus
LABOUR COURT – Respondent


JAGDISH SAHAI, J.


( 1 ) THE respondent 2, Bharat Singh was an employee of the petitioner, the Lord Krishna Sugar mills, Limited, Saharanpur (hereinafter referred to as the mills ). Finding him guilty of misconduct, the management of the mills dismissed him with effect from 27 November 1958. The conciliation proceedings started in this connexion proved to be infructuous and the regional conciliation officer reported to the State Government accordingly. The Government did not make a reference under Section 4k of the Uttar Pradesh Industrial Disputes Act (herein below referred to as the Act) and apparently closed the file. The respondent 2, however, made an application to the labour court, Meerut, on 21 October 1959, purporting to be under Section 11c of the Act praying that the charge-sheet on the basis of which the petitioner was dismissed. the order suspending him, dated 21 November 1958 and the one dismissing him from service, dated 2 december 1958, be set aside. On this application, notice was issued to the mills which raised a preliminary objection to the effect that the labour court (respondent 1) had no jurisdiction to inquire into the matter. Overruling the preliminary object
















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