BIND BASNI PRASAD, J.

( 1 ) THIS is an application under Article 226 of the Constitution by a proprietor of an industrial establishment directed against the State of Uttar Pradesh, the Additional Regional Conciliation officer, Lucknow, and one Ramdeo who was once an employee of the applicant.

( 2 ) THE relevant facts are as follows: The applicant carries on business of manufacturing iron and steel material and other finished products and owns a workshop in Hazratganj, Lucknow, and in that connection employed a number of workmen. Ramdeo was appointed a peon in the Stores department on or about 28-7-1948. It is alleged that on 10-1-1951 Ramdeo absented himself from duty, after half time. A charge-sheet was served upon him on 11-1-1951. Another charge-sheet of misconduct was served upon him on 18-1-1951. Ramdeo took leave on medical grounds on 19-1-1951. On 19-1-1951 the applicant sought for permission from the Regional conciliation Officer to dismiss Ramdeo. This was necessary because another dispute between the applicant and another employee was pending before the Regional Conciliation Officer and according to the law during the pendency of such an industrial dispute he could not di

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