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2025 Supreme(Online)(SC) 400

SUPREME COURT OF INDIA
HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE SANJAY KUMAR, HON'BLE MR. JUSTICE K.V. VISWANATHAN
THE STATE OF UTTAR PRADESH – Appellant
Versus
R.K PANDEY – Respondent


Advocates:
Petitioner's Advocate: ANKIT GOEL
Respondent's Advocate: SHRISH KUMAR MISRA

Table of Content
1. respondent's claim for retirement age (Para 3 , 4 , 5)
2. respondent's reliance on service rules (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16)
3. existence of arbitration agreement questioned (Para 17 , 18 , 19 , 20 , 22 , 23 , 24)
4. absence of arbitration agreement nullifies awards (Para 21)
5. appeal allowed, awards set aside (Para 25)

J U D G M E N T

SANJIV KHANNA, CJI.

Delay condoned.

2. This appeal arises from an order dated 28.02.2012 passed by a Division Bench of the High Court of Judicature at Allahabad in First Appeal from Order Defective No. 352/2012.

3. The facts, in brief, are – Respondent no. 1, R.K. Pandey, was appointed as a Lab Assistant/ Technician in the T.B. Section of Dina Nath Parbati Bangla Infectious Disease , Hereinafter, “DNPBID.” Hospital located at Kanpur. The Municipal Board of Kanpur set up this hospital on the land given by the Kanpur Improvement Trust in 1944-45.

4. On 17.07.1956, DNPBID Hospital was taken over by the State Government, that is, the Government of Uttar Pradesh, to establish a new medical college at Kanpur pursuant to a Resolution dated 17.07.1956 passed by the Administrator of the Municipal Board of Kanpur and six members

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