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2012 Supreme(All) 2784

SABHAJEET YADAV
RAJENDRA PRASAD NISHAD – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Miss Bushra Maryam, Rajeev Kumar Upadhayay and S.K. Shukla for the Petitioner; C.S.C., Piyush Bhargava, Gopal Misra and V.R. Agrawal for the Respondents.

JUDGMENT

Hon’ble Sabhajeet Yadav, J.—By this petition, the petitioner has challenged the validity and correctness of order dated 23.10.2007 passed by Presiding Officer, Labour Court, Allahabad in Misc. Case No. 75 of 2006, whereby the Labour Court has rejected the application of petitioner filed under Section 33-C (2) of the Industrial Disputes Act, 1947 with liberty to the petitioner to raise an industrial dispute under Section 4-K of the U.P. Industrial Disputes Act, 1947. A true copy of the order dated 23.10.2007 passed by the Presiding Officer, Labour Court, Allahabad in aforesaid case is on record as Annexure-1 to the writ petition.

2. The brief facts leading to the case are that the respondent No. 4 i.e. M/s Universal Tyres gave its unit at Allahabad on license basis for a period of 12 years to M/s Jai Shree & Rubber Products on 1.2.1977. The respondent No. 5 M/s Jai Shree Tea & Industries Ltd., Proprietor of Jai Shree Tyres & Rubber Product, New Delhi moved an application on 4.8.1986 to the State Government for closing down its concern. The State Government vide its order dated 20.9.1986 rejected the aforesaid application of the respondent No. 5 by reasoned order. Feeling agg


































































































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