Judgment

Arijit Pasayat, J.—The challenge in this Appeal is to the judgment of a learned Single Judge of the Allahabad High Court holding that the termination order as passed by the appellant (hereinafter referred to as the ‘employer’ was not sustainable in law.

2. Background facts in a nutshell are as under:

The respondent (hereinafter referred to as the ‘Workman’) filed a writ application for quashing the order dated 23rd April, 1988 passed by the Industrial Tribunal (I) Allahabad (in short the ‘Tribunal’) holding that the termination of his service with effect from 11.4.1984 was reasonable and legal. A reference was made by the State Government in exercise of its power under Section 4(K) of the Uttar Pradesh Industrial Disputes Act, 1947 (in short the ‘U.P. Act’) for adjudication by the Tribunal. The reference which was made on 21st June, 1996 was registered as Adjudication Case No. 39 of 1986. After framing issues on the basis of the statement of payment and the written statement filed by the parties, initially the Tribunal held that the enquiry was not fair and proper. However, the employer was granted liberty to adduce evidence to substantiate its stand that the enquiry was fair