G.D.Sehgal, G.S.Lal, J. - (1.) This special appeal has been preferred by Udham Singh against the dismissal of his writ petition by a learned single Judge of this Court relating to a matter arising under the U. P. Industrial Disputes Act, 1947. Udham Singh was a worker employed with respondent No. 3 Messrs. Northern India Iron Press Works, Aishbagh, Lucknow. On 22-1-1965 he was served with a charge-sheet (copy of which is annexure 1 to the writ petition) together with a copy of the written complaint lodged against him by another worker Dayal. The charge was that Udham Singh had seriously beaten Dayal on 21-1-1965 during working hours within the factory premises. He was required to explain within three days as to why disciplinary action be not taken against him, as per Standing Orders, for his act of misconduct. It may be stated at this very place that in the written complaint it had also been alleged that Udham Singh had taken out forcibly some money from the pocket of Dayal, but the charge did -not contain this accusation. Udham Singh appellant filed a reply on 23-1-1965 (copy of which is annexure 2 to the writ petition) wholly denying the allegations against him and giving out that the management had cooked up the case against him in order to get rid of him as it was at his instance that a representative body of workmen had been formed some three years earlier and at his instance certain cases relating to bonus and dearness allowance, wages and gratuity and termination and suspension of certain workers had been raised from time to time. The management appointed one Sri R.S. Kela as an Enquiry Officer to enquire into the charges. Sri Kela submitted his report dated 28-2-1965 holding the charge against the appellant proved (annexure 4 to the writ petition). The management agreed with the findings and as per order a copy of which is annexure 5 to the writ petition, the appellant's services were summarily terminated.
(2.) The appellant raised an industrial dispute relating to his dismissal and the matter was referred by the State Government to the Labour Court. The Labour Court gave its award on 23-6-1967 upholding the order of dismissal of the appellant. Aggrieved by the award, the appellant filed the writ petition in question, challenging the validity of the award on various grounds. Those grounds were considered by the learned single Judge who found no merit in them and, therefore, dismissed the writ petition, making no order as to costs.
(3.) In the special appeal the points raised before the learned single Judge against the validity of the award have been pressed before us and we have heard the learned counsel for the appellant at some length. Since, in our opinion, there is no merit in the appeal, we have not called upon the respondents' counsel to address U9 in reply.;