HINDUSTAN AERONAUTICS LTD Vs. STATE OF U P

JUDGEMENT

(1.) By means of this petition, under Article 226 of the Constitution of India, M/s. Hindustan Aeronautics Limited, the petitioner, seeks to challenge the award dated May 28, 1985 rendered by the Labour Court IV, Kanpur, the respondent No. 2, upon a reference by the Government of Uttar Pradesh under Section 4-K of the U.P. Industrial Disputes Act, 1947 hereinafter called the Act.

(2.) Heard Sri Sudhir Chandra, learned Senior Advocate, appearing for the petitioner and Sri V.K. Tewari, learned counsel representing the workmen Sri Vishwa Nath Singh, the respondent No.3.

(3.) The respondent No. 3 was charge-sheeted for certain misconduct. On an ex parte enquiry the charge against him was found to be proved. Consequently his services were dispensed with effect from February 1, 1982. This led to the industrial dispute which culminated into the impugned award. By the impugned award the respondent No. 2 has held the termination of the services of the respondent No. 3 to be neither proper nor legal and directed his reinstatement with incidental benefits.