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2023 Supreme(All) 1628

RAJNISH KUMAR
Pepsico India Holdings Pvt. Ltd. – Appellant
Versus
Suresh Chandra Yadav – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Vikas Singh
For the Respondent: Amar Nath Tripathi, Manoj Kumar Sahu

JUDGMENT :

1. Heard Shri Vikas Singh, learned counsel for the petitioners, Shri Amar Nath Tripathi, learned counsel for respondent no.1. Learned Standing Counsel is present for State-respondents.

2. By means of the present writ petition under Article 226 of the Constitution of India the petitioners have approached this Court assailing the award dated 26.08.2011 published on notice board on 01.12.2010 passed by the Presiding Officer, Industrial Tribunal (2), U.P. Lucknow (here-in-after referred as the Tribunal) / respondent no.2.

3. The brief facts of the case, for adjudication of the present controversy, are that the respondent no.1 was appointed on the post of Service Engineer by the petitioners on 01.04.1998. His services were terminated. The conciliation proceedings were held between the petitioners and the respondent no.1, in Case No.249 of 2001 but on account of failure of the conciliation proceedings, reference was made by the Deputy Labour Commissioner, Lucknow Region, Lucknow / respondent no.3 to decide as to whether the termination of the service of the respondent no.1 from the post of Service Engineer w.e.f. 05.06.2001 was right or not and if not, to what relief the responde

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