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ROHIT RANJAN AGARWAL
Kanpur Electric Supply Administration – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Arvind Kumar, Anubhav Singh, Usha Kiran.
For the Respondent: C.S.C., Prabhakar Awasthi.

JUDGMENT :

1. Heard Ms. Usha Kiran, learned counsel for the petitioners and Sri Prabhakar Awasthi, learned counsel for the respondents workmen.

2. The present writ petition filed under Article 226/227 of the Constitution of India assails the reference made to the Labour Court-I, Kanpur and being registered as Adjudication Case No.46 of 1994 and the award dated 20/25.07.1995, received on 30.08.1995.

3. Petitioners before this Court are the electricity department, supplying the electricity within the district Kanpur. Respondent no. 4 was engaged as a Trade Apprentice in the trade of Clerk (General) for one year w.e.f. 01.07.1983 to 31.06.1984. Respondent no. 5 was engaged as Trade Apprentice in the trade of Clerk (Commercial) for a period 19.10.1984 to 18.10.1985, under the Apprenticeship Act, 1961 (hereinafter referred as the ‘Act of 1961’). An industrial dispute was raised on behalf of respondent nos. 4 and 5 through respondent no. 3 U.P. Bijli Karmchari Sangh.

4. The State Government referred the matter exercising power under Section 4 (k) of the U.P. Industrial Disputes Act, 1947 (hereinafter referred as the ‘Act of 1947’) to the Labour Court, Kanpur as to whether the termination of

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