LAWS(ALL)-2004-12-169

RADHEY SHYAM MISHRA Vs. STATE OF U P

Decided On December 10, 2004
RADHEY SHYAM MISHRA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) -This writ petition arises out of an order dated 19.8..2002, passed by Deputy Labour Commissioner, Agra Region, Agra, refusing to make reference of the industrial dispute raised by the petitioner with regard to his termination of service.

(2.) THE petitioner was appointed on 11.6.1971 as Draftsman. THEreafter, he was promoted to the post of Foreman. His services were allegedly terminated without compliance of provisions of U. P. Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') w.e.f. 4.9.2001. It is also alleged that when he approached the employers for settlement of dispute, he received no response and as such, he moved an application under Section 2A of the Act before the Conciliation Officer/ Deputy Labour Commissioner, Agra Region, Agra on 20.9.2001.

(3.) THE definition of workman contained in Section 2 (z) of the Act is as under :