S.SAGHIR AHMAD,J. - (1.) U .P. Chalchitra Nigam Ltd., Lucknow (Opposite Party No. 2) which is a Government Company within the meaning of the Indian Companies Act, was established on September 10, 1975 with the object of carrying on the business of production, distribution and exhibition etc. of the cinematographic films and other allied objects set out in the Memorandum/Articles of Association. Petitioners 1 and 2 are the registered trade unions of the employees of the U.P. Chalchitra Nigam.
(2.) THIS petition has been filed by the aforesaid Unions under Article 226 of the Constitution by which Office Orders Nos. 30, 31, 32, 33 and 34 all dated February 26, 1990, have been challenged as they purport to terminate the services of the employees of the Nigam with effect from March 31, 1990. A list of the employees who are the members of the aforesaid Unions has been filed as Annexure -2 while the copies of the termination orders have been filed as Annexure 3 to 7 to the writ petition. It is pleaded in the petition that the members of the petitioners' union, whose list, as stated above, is given in Annexure -2 have put in not less than one year's uninterrupted service and are 'workmen' within the meaning of Section 2(z) of the U.P. Industrial Disputes Act. It is also claimed that U.P. Chalchitra Nigam (hereinafter referred to as, the Nigam) is an 'industry' within the meaning of Section 2(k) of the aforesaid Act.
(3.) THE petitioners, therefore, contend that since the employees of the Nigam had put in more than a year's uninterrupted service, their services could not be terminated without first complying with the provisions of Section 6 -N of the Act and since the opposite parties while terminating the services of the members of the petitioners' union (who shall henceforth be referred to as the 'employees') have violated the mandatory provisions, of Section 6 -N, (the orders impugned in this petition are liable to be quashed and the employees are entitled to be put back to duty with all the consequential benefits.);