CAWNPORE SUGAR WORKS LTD Vs. B P MOHINDRA

JUDGEMENT

(1.) THESE two connected special appeals arise out of two references made by the State Government to the Industrial Tribunal, Lucknow. The Kanpur Sugar Works Limited carries on business of manufacture and sale of sugar. The Company employed Dr. Mohindra as a Medical Officer. He was dismissed from service on 12-1-1968. He complained that his dismissal from service was unjustified. Upon that complaint, the State Government made a reference to the Industrial Tribunal, Lucknow. This is reference No. 28 of 1969.

(2.) SINCE there was some doubt about the validity of the order of dismissal, the Company decided to regularise the position. On 25-111968 the Company served upon Dr. Mohindra a notice terminating the contract of service. This order of termination of service was also challenged by Dr. Mohindra and a union of workmen. The dispute was again referred by the State Government to the Industrial Tribunal, Lucknow. This is reference No. 48 of 1969.

(3.) IN each of the two references the Company raised a contention that there was no industrial dispute as defined by the U. P. Industrial Disputes Act, and that the reference was incompetent. The Industrial Tribunal passed two separate orders in the two cases dealing with the preliminary objection raised by the Company. In each case the Tribunal held that there was an industrial dispute, and that the reference was competent.