- (1.) Heard learned Counsel for the petitioner and learned Standing Counsel. By means of the instant writ petition, the petitioner has assailed the order dated 14.10.2008 passed by the opposite party No. 1-Presiding Officer, Labour Court, U.P., Faizabad in Adjudication Case No. 29 of 2004, rejecting the reference of the petitioner.
(2.) Learned Counsel for the petitioner submits that on the basis of the order dated 22.11.1999, the Managing Director of the Cane Federation, directed the General Manager, Kisan Sahkari Chini Mill, Sultanpur to retrench the surplus employees. On the basis of the said order dated 22.11.1999, 542 workers were retrenched/terminated. Feeling aggrieved, bunch of writ petitions have been, filed before this Court, leading writ petition No. 669 of 2000 (SS). This Court, vide order dated 15.5.2000, allowed the bunch of writ petitions.
(3.) Against the order dated 15.5.2000, General Manager, Kisan Sahkari Chini Mill, Sultanpur filed a special appeal before this Court. A Division Bench of this Court, after considering each and every aspect of the matter, dismissed the special appeal by the order dated 16.5.2001 and upheld the judgment and, order dated 15.5.2000 passed by Hon'ble Single Judge. Feeling aggrieved, General Manager, Kisan Sahkari Chini Mill, Sultanpur, filed a special leave petition, which was numbered as Civil Appeal No. 5466 of 2002, before Hon'ble Apex Court. Hon'ble Apex Court, vide order dated 8.10.2003, while allowing the appeal, set-aside the orders dated 15.5.2000 and 16.5.2001 and further directed the parties to raise an industrial dispute for adjudication by Courts constituted under the provisions of Industrial Disputes Act, 1947.;