Ravi S. Dhavan, J. - (1.) SHESH Narain Bajpai was employed by the U.P. State Food and Essential Commodities Corporation Limited at its Kanpur Unit as a Salesman in a temporary capacity. His services were terminated for a cause. It is alleged that he has embezzled the goods for the Corporation, aforesaid. His services were terminated on 19 May, 1977.
(2.) ON the other hand, a First Information Report (FIR) was filed by the Sub Divisional Magistrate at Govind Nagar Police Station, Kanpur, with an. allegation that the workman, Shesh Narain Bajpai, has misappropriated the goods of the Corporation which were placed in his charge as a Supurdgar (receiver). Consequent upon the FIR being inquired a criminal case was instituted in the court of the Chief Metropolitan Magistrate, Kanpur, as Case No. 861 of 1981 and this case is still pending. In the meantime, Shesh Narain Bijpai sought adjudication on the termination of his services by the Corporation, by a Labour Court. The Labour Court declined to interfere with the order of termination holding it to be a discharge simpliciter under Section 6N of the U.P. Industrial Disputes Act 1947.
(3.) THIS Court has heard the Petitioner, in person, and Learned Counsel appearing on behalf of the Corporation, Mr. V.C. Mishra, Senior Advocate. The Court has perused the record of the writ petition and the impugned order dated 25 April, 1981 arising out of an Adjudication Case No. 175 of 1979 decided by the Labour Court (IV), U.P. Kanpur.;