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1993 Supreme(All) 659

A.P.SINGH
Workmen Of Kesarwani Zarda Bhandar Factory Sahson – Appellant
Versus
K. K. Pandey, Arbitrator, Additional Labour Commissioner – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.C. Singh and K.P. Agarwal, adv
For the Respondent: Vijai Ratan Agarwal, adv

JUDGMENT :

A.P. Singh, J.

In the present Writ Petition, Ram Pher Tiwari the Petitioner, who is a workman in the M/s. Kesarwani Zarda Bhandar Factory, Sahson, Allahabad, has prayed for quashing of the award made by the Arbitrator u/s 5B of the U.P. Industrial Disputes Act, 1947, being award No. 1 of 1977 dated 17-10-1978 published in the Gazette on 7th November, 1978.

2. The main ground taken in support of the Writ Petition is that the award of the Arbitrator suffers from the error of law apparent on the face of the record.

3. The brief facts, which are necessary for deciding the controversy involved in the Writ Petition may be stated as follows.

4. Petitioner was employed as a workman by Respondent No. 3, M/s. Kesarwani Zarda Bhandar Factory, Sahson, Allahabad (hereafter referred to as 'opposite party No. 3') oft 2nd July, 1975. His services were, thereafter terminated on 26th April, 1976. In respect of the said termination conciliation proceedings started and by an order of the Conciliation Officer, Allahabad dated 26th July, 1976 opposite party No. 3 was directed to take the Petitioner in service on 26th July, 1976. It was further directed that opposite party No. 3 shall pay half of t































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