Bind Basni Prasad, J. - (1.) This is an application under Article 226 of the Constitution by a proprietor of an industrial establishment directed against the State of Uttar Pradesh, the Additional Regional Conciliation Officer, Lucknow, and one Ramdeo who was once an employee of the applicant.
(2.) The relevant facts are as follows: The applicant carries on business of manufacturing iron and steel material and other finished products and owns a workshop in Hazratganj, Lucknow, and in that connection employed a number of workmen. Ramdeo was appointed a peon in the Stores Department on or about 28-7-1948. It is alleged that on 10-1-1951 Ramdeo absented himself from duty, after half time. A charge-sheet was served upon him on 11-1-1951. Another charge-sheet of misconduct was served upon him on 18-1-1951. Ramdeo took leave on medical grounds on 19-1-1951. On 19-1-1951 the applicant sought for permission from the Regional Conciliation Officer to dismiss Ramdeo. This was necessary because another dispute between the applicant and another employee was pending before the Regional Conciliation Officer and according to the law during the pendency of such an industrial dispute he could not dismiss an employee without the permission of the Regional Conciliation Officer. Ramdeo joined duty on 31-4-1951 but he was suspended from service the same day. As the Regional Conciliation Officer did not pass any orders on the applicant's petition dated 19-1-1951 another application was made to him on 1-2-1951 asking for permission to dismiss Ramdeo. It so happened that sometime in March, 1951, the case between the applicant and another employee on account of which it had become necessary to ask for permission of the Regional Conciliation Officer for dismissal of Ramdeo was disposed of. It was then no longer necessary according to the law for the applicant to take the Regional Conciliation Officer's permission for Ramdeo's dismissal. On 27-3-1951 Ramdeo was dismissed.
(3.) Ramdeo's cause was taken up by the General Engineering Workers Union, a trade union registered under the Trade Unions Act. The President of that union applied to the Regional Conciliation Officer, Lucknow, who is the Chairman of the Conciliation Board, under para. 4 of the Order framed by the State Government under Clauses (b), (c), (d) and (g) of Sections 3 and 8, U. P. Industrial Disputes Act, 1947 (U. P. Act XXVIII [28] of 1947) by the Notification No. 615 (LL)/XVIII-7 (LL)/-1951, dated 15-3-1951, for the settlement of the industrial disputes by conciliation. Acting under para. 5 of the said Order the Conciliation Officer tried to bring about a settlement, but he failed. Under Sub-para. (3) of para. 6 he submitted a report to the State Government and the Labour Commissioner setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about an amicable settlement thereof. On the receipt of that report the State Government referred the dispute under para. 10 of the aforesaid Order for adjudication to the Additional Regional Conciliation Officer, Lucknow, by its order dated 11-7-1951. The question which was formulated by the State Government under this Order is as follows : "Whether the services of Sri Ramdeo have been wrongfully terminated? If so, to what relief is he entitled ?";