SHIV KUMAR SINGH Vs. PRESCRIBED AUTHORITY

JUDGEMENT

(1.) The petitioner is a workman. He had sought a reference for adjudication of an Industrial Disputes under Section 4K of the U.P. Industrial Disputes Act, by raising his claim before the learned labour Court, as against the order of termination of his services dated 14.08.1989, by preferring the same on 24.10.1990. The said reference, which was sought for adjudication by the petitioner, was numbered as an Adjudication Case No. 171 of 1991, which has been decided by the learned Labour Court by answering the question, referred to against the petitioner/workman, by the impugned award dated 30.06.1995, which is presently under challenge in the present Writ Petition.

(2.) A very short question, which has been attempted to be established before this Court by the learned counsel for the petitioner is that the reference of adjudication, as had been made by the State vide its Govt. Order No. 2513(HI/36) dated 27.08.1990, which was formulated to the following effect:-

(3.) It was from the pretext that the order of termination of services of the petitioner as a salesman, was bad because of the non-compliance of the provisions contained under Section 6N, of the Industrial Disputes Act, as there was no prior notice ever given to him or the salary in lieu thereof prior to the dispensation of his services w.e.f. 14.08.1989, was tendered by the employer respondent on the petitioner workman.