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2019 Supreme(All) 1459

SUDHIR AGARWAL
U. P. S. R. T. C through Managing Director – Appellant
Versus
Presiding Officer Labour Court Faizabad – Respondent


Advocates Appeared:
For the Petitioner: Dhirendra Chaturvedi, Adv.

JUDGMENT :

1. Heard Sri Dhirendra Chaturvedi, Advocate, for petitioner and learned Standing Counsel for respondents.

2. This is employer’s writ petition filed by U.P. State Road Transport Corporation (hereinafter referred to as “UPSRTC”) being aggrieved by order dated 17.01.2017 passed by Labour Court, U.P. in Adjudication Case No. 20 of 1998. Respondent-2, Workman, was a Conductor in UPSRTC and on the charge of carrying passengers without ticket, inquiry was conducted and, thereafter, major penalty of removal was imposed upon him. Workman raised an industrial dispute. In exercise of powers under Section 4-K of U.P. Industrial Disputes Act, 1947 (hereinafter referred to as “Act, 1947”), following Reference was made for adjudication to Labour Court:

^^D;k lsok;kstd }kjk vius Jfed Jh dfiynso flag iq= Jh Hkwyu flag dh lsok;sa fnukad 22-03-90 ls lekIr fd;k tkuk vuqfpr ,oa voS/kkfud gS ;fn ugha rks lEcfU/kr Jfed D;k fgrykHk@vuqrks"k ikus dk vf/kdkjh gS rFkk vU; fdl fooj.k lfgrA^^

    “Whether termination of services by employer of its workman Sri Kapildev Singh son of Sri Bhulan Singh with effect from 22.03.90 is unjust and illegal. If not, to what benefit/relief the workman is entitled to an

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