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2019 Supreme(All) 1499

SIDDHARTHA VARMA
Institute Of Chartered Accountants of India – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Divyang Chandra, Mayank Agrawal, Naveen Sinha, P.S.Baghel, Siddharth Khare
For the Respondent: C.S.C., Adarsh Kumar, B.N.Rai, Shiv Kumar Yadav, V.D.Shukla

ORDER :

Siddhartha Varma, J.

1. The respondent no. 3 in the instant writ petition raised an industrial dispute against the petitioners claiming that he was employed as peon by the petitioners on 22.2.1993 and that his services were illegally terminated on 7.10.1998. He raised an industrial dispute wherein he prayed for reinstatement with all back wages and continuity of service. The claim of the respondent no. 3 was contested by the petitioners and thereafter an award, which is under challenged in this writ petition, dated 22.1.2010 was passed. The petitioners have challenged the instant award on the very same grounds on which they had opposed the claim of the respondent no. 3 before the Labour Tribunal. The petitioners assailed the award essentially on three grounds:

    I. The petitioners were not an industry.

II. There existed no relationship of an employee and an employer between the respondent no. 3 and the petitioners.

III. The State Government was not the competent authority to refer the matter to the Industrial Tribunal when the petitioners were a body which found their existence on account of a central enactment of the Parliament.

2. Learned counsel for the petitioners submitted t

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