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2019 Supreme(All) 2462

YOGENDRA KUMAR SRIVASTAVA
State of U. P. – Appellant
Versus
Presiding Officer Labour Court – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S. M. Iqbal Hasan
For the Respondents: Syed Mushfiq Ali

JUDGMENT :

1. Heard Sri Mata Prasad, learned Standing Counsel for the petitioner and Sri Syed Mushfiq Ali, learned counsel appearing for the respondent-workman.

2. The instant writ petition has been filed seeking to assail the award dated 21.12.2015 passed by the Labour Court, U.P., Jhansi in Adjudication Case No.62 of 2014.

3. Records of the case show that upon an industrial dispute being raised by the second respondent-workman a reference was made under Section 4K of the U.P. Industrial Disputes Act, 1947 which was registered as Adjudication Case No.62 of 2014 before the Labour Court, U.P., Jhansi, and the question which was referred for adjudication is as follows:"

^^dkj lsok;kstd }kjk vius Jfed Jh dkerk izlkn iq= Jh Hkxoku nkl dkjisaVj dh lsok, fnukad 01-10-1991 ls lekIr fd;k tkuk mfpr rFkk@vFkok oS/kkfud gS\ ;fn ugha rks lacf/kr Jfed D;k fgrykHk@mi'ke ikus dk vf/kdkjh gS rFkk vU; fdl fooj.k lfgr\^^

4. The reference, aforementioned, which was with regard to the legality/validity of the termination of the respondent-workman with effect from 01.10.1991 was answered by the Labour Court in terms of an award dated 21.12.2015 by recording a conclusion that the termination of services of

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