M.KATJU
Pashupati Acrylon Limited – Appellant
Versus
State Of Uttar Pradesh – Respondent
M. Katju, J.
1. The petitioner is directed to serve respondent no. 3, personally within two weeks and he may file counter affidavit within three weeks thereafter. List on 29th September, 1993 before the appropriate court.
2. Shri V.B. Singh learned counsel for the petitioner has urged two points before me, firstly he has urged that the Deputy Labour Commissioner has no power to make a reference under section 4 K of the U.P. Industrial Disputes Act. I find no merit in this submission. Under section II A of the U.P. Industrial Disputes Act the State Govt. has power to delegate its power to such other officer subordinate to the State Government as specified in the notification. Such a notification has been made by the State Government on 29-8-1990 (vide U.P. Gazette extraordinary dated 29-8-1990) delegating the power to make references to the Deputy Labour Commissioner and Additional Labour Commissioner in relation to disputes covered by section 2-A. Hence, the Deputy Labour Commissioner and Additional Labour Commissioner are competent to make a reference under section 4-K of the U.P. Industrial Disputes Act to the Labour Court of Industrial Tribunal. Hence the first submission
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