- (1.) The appellant has questioned in this appeal by special leave the constitutional validity of sub-section (4) of Section 6 of the U. P. Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') and also the validity of the Order dated December 5, 1984 passed by the Government of Uttar Pradesh remitting an award passed by the Labour Court, Meerut for reconsideration by it.
(2.) The appellant was an employee of the Management, M/s. Electra (India) Ltd., Meerut - Respondent No. 5 in the above appeal. The services of the appellant were terminated by the Management by its Order dated April 4, 1977 and the said termination led to an industrial dispute. The State Government by its Order dated May 5, 1979 made under Section 4-K of the Act referred the said dispute for adjudication to the Labour Court, Meerut. The question which was referred to the Labour Court read as follows : "Whether the termination /removal from work of the employee Shri B. B. Rajwanshi by the employers by their Order dated 4-4-1977 is justified and/or legal If not, to what benefits /damages is the concerned employee entitled to and with what other details -
(3.) On the basis of the pleadings filed by the parties, the following issues were framed by the Labour Court : 1. Was Shri B. B. Rajwanshi not a workman as defined in the U. P. Industrial Disputes Act If so has this Court jurisdiction to try this case 2. Did Shri B. B. Rajwanshi not make efforts to minimise the losses due to unemployment 3. To what relief, if any, is Shri B. B Rajwanshi entitled 4. Has Shri B. B. Rajwanshi been retrenched If so how does it affect the case ;