VISHNU NARAIN GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) A. P. Singh, J. Vishnu Narain Gupta, the petitioner, who happened to be manager of a cinema hall known as Imperial Cinema, Kanpur, owned by a private firm with Sri K. N. Garg as one of the partners, has approached this Court by means of the present writ petition filed under Article 226 of the Constitution of India for quashing of his termination order dated 29. 2. 96 and for restraining opposite party (O. P. No. 3 cinema owner) not to interfere in petitio ner's functioning as Manager of the cinema hall and further for payment of his salary.

(2.) ON an ex pane motion made by the petitioner to this Court following order was passed on 15-4-1996: "notice on behalf of the opposite party Nos. 1 and 2 has been accepted by the learned Chief Standing Counsel. Issue notice to respondent No. 3, returnable at an early date. In the meantime opposite party No. 2 shall dispose of the representation of the petitioner contained in Annexure 5 to the writ petition within one month from the date a certified copy of this order along with the copy of the representation is produced before him. Till the disposal of the representation the order dated 29. 2. 1996 contained in Annexure 1 to the writ petition shall not be given effect to. The petitioner is directed to serve a copy of this order along with copy of the representation as men tioned above within ten days from today. " By virtue of that order petitioner, as per the allegation of opposite party No. 3, Eetitioner had to be paid his salary despite is services having been terminated and relationship of master and servant between O. P. No. 3 and petitioner having snapped with effect from 29. 2. 96.

(3.) LABOUR Commissioner or LABOUR Courts have jurisdiction in the matter of termination of services of a workman of an industrial establishment in exercise of powers conferred by U. P. Industrial Dis putes Act, 1947.