MOHAMMAD HUSAIN Vs. LABOUR COURT AT VARANASI

JUDGEMENT

(1.) HEARD Sri K. P. Agrawal, learned Senior Advocate appearing for the petitioner, and Sri Vinod Swamp, learned counsel representing the contesting respondent No 2, at length and in detail.

(2.) THE award of the Labour Court. U, P. at Varanasi dated 30th November, 1985, rendared in Adjudication Case No. 43 of 1982, referred to it uader section 4- K of the U. P. Industrial Disputes Act, 1947, hereinafter called the U. P. Act, is under challenge in this petition under Article 226 of the Constitution of India. THE impugned award purports to uphold the termination of the service of the petitioner' to be justified and legal.

(3.) THE pica set up by the petitioner was combated by the employer by asserting that the medical report of the Dy. Chief Medical Officer of Hindalco Hospital being unrebutted, was sufficient to hold that the petitioner was unfit to drive a motor-vehicle: and that termination of the service of the petitioner did not amount to retrenchment obliging compliance of section 6-N of the U. P. Act in as much as it was in accordance with the provisions of paragraph 7 (a) of its certified standing orders.