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1996 Supreme(All) 659

D.K.SETH
U P TRADE UNION CONGRESS HOSPITAL ROAD RENUKOT MIRZAPUR – Appellant
Versus
LABOUR COURT ALLAHABAD – Respondent


Advocates Appeared:
K.P.AGARWAL, V.R.AGRAWAL,

D. K. SETH, J.

The petitioner No. 1 is a Federation of Trade Union recognised under Rule 40 of the U. P. Industrial Dis putes Rules, 1957. The petitioner No. 2 is a Trade Union registered under the Trade Union Act, 1926. The employees of the Respondent No. 2 are members of the said Union. The petitioner No. 2 is one of the Constituent of respondent No. 1. The respondent No. 1 espoused the cause of two workmen namely Sri Ram Raj Sinha and Sri Jogendra Nath Upadhyay, whose services were terminated, out of which two references were made by the State Government. The petitioner No. 1 espoused the cause of the workman Sri Jogendra Nath Upadhyaya relating to his claim of wages for the period 16-3-1981 till 19-3- 1981. Out of the said three references Adjudication Case Nos. 115/81, 145/81 and 44 of 1982 were registered in the Labour Court, Allahabad. A question had been raised as to the competence of the petitioner No. 1 to espouse the cause of the said workmen, who were not members of the petitioner No. 1, but members of petitioner No. 2, who is member of the petitioner No. 1. By an order dated 21-12- 1982 the Labour Court had held that the petitioner No. 1 was not competent to espouse th

























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