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2013 Supreme(All) 1163

TARUN AGARWALA
Hamdard (Waqf) Laboratories – Appellant
Versus
State of U. P. & Others – Respondent


Advocates:
Ateeq Ahmad Khan, for Petitioner
C. S. C., Bushra Maryam, for Respondent.

Tarun Agarwala, J.—

The petitioner has filed the present writ petition questioning the legality and validity of the reference order dated 27.12.2012 issued under Section 4-K of the U.P. Industrial Disputes Act whereby the State Government has referred a dispute to the labour court for adjudication. The facts leading to the filing of the writ petition is, that the workers went on a strike on 2nd June, 1983. Conciliation proceedings were initiated between the labour force and the management and, in these conciliation proceedings, the workers were directed to report for duty by 18th August, 1983. This date was subsequently extended till 1st September, 1983. The present respondents nos. 3 to 18 apparently did not report for duty, and eventually, the management took a decision terminating their service with effect from 09th September, 1983. These 18 workers along with some others raised an industrial dispute questioning the validity and legality of the order of their termination. The dispute was referred to the labour court and eventually an award was given holding that the order of termination was illegal. The labour court also directed reinstatement of these workers along with 50 per c



























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