By means of this writ petition the petitioner has sought to quash the order dated 12-04-1998 passed by the Labour Commissioner and Appellate Authority whereby suspension and removal from services of the respondent No.1, has been set aside.

2. Brief facts of the case as per the petition are that the petitioner, H.M.T. Limited is employer and Mr. L.K. Verma, respondent No.1 was its employee as Safety Offier posted at Ranibagh, Nainital. Respondent No. 1 allegedly committed certain misconduct for which he was placed under suspension during the final enquiry. The respondent No.1 filed appeal before the Labour Commissioner under Rule 14 of the U.P. Factories (safety Officers) Rules, 1984. Simultaneously, the respondent No.1 filed a writ petition No. 10684 of 1996 before the Allahabad High Court. The said writ petition was disposed of, allegedly without notice to the petitioner, with the direction that appeal against the suspension order be decided by the Labour Commissioner within the period fixed by the said Court. Meanwhile, on completion of enquiry a show cause notice dated 08-01-1998 (copy Annexure1 to the writ petition) was issued to the respondent No.1 as to why punishment