TARANG THEATRE Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) IN favour of respondent No 3 there is an award passed by respondent No. 2 on 12-2-79 by which the termination of services of respondent No. 3 was declared illegal and it is ordered that respondent No. 3 be reinstated with back wages. The petitioner who is an employer is aggrieved by the said award and he has filed this writ petition to quash the said award and the reference No. 5090 dated 20-6-78 is also prayed to be quashed,

(2.) THE facts as emerge from the pleadings are brief.

(3.) THE impugned award under reference is challenged inter alia on the following grounds- (1) THE labour court had rejected the reference on earlier occasion under the U. P. Industrial Disputes Act, therefore, fresh reference could not be made on the same cause of action under the Central Industrial Disputes Act by the labour court. (2) THE State Government did not have an authority, to make another reference if its earlier reference was rejected by the labour court unless the earlier award was set aside in an appropriate proceeding, subsequent reference could not be made. (3) THE order of reinstatement of respondent No. 3 is wrong. Only compensation could have been granted to him. THE petitioner had lost confidence in respondent No. 3 and his reinstatement would adversely affect the business of the petitioner. (4) THE award is without jurisdiction because it is made in pursuance of the reference which was not competent. (5) After the admission of the guilt by respondent No. 3 the petitioner was not bound to hold the domestic enquiry. (6) THE petitioner was not bound to ask respondent No. 3 to join his duty because he has abandoned the service suo motu and has conveyed this fact to the management.