D.S. Sinha, J. - (1.) Heard Sri Sudhir Agarwal, holding brief of Sri S.C. Budhwar. learned Counsel appearing for the Petitioner and Sri Gopal Chandra Saxena, holding brief of Sri Shyam Narain, learned Counsel representing contesting Respondent No. 2.
(2.) By means of this petition, under Article 226 of the Constitution of India, M/s. Sahkari Ganna Vikas Samiti Ltd., Shamli District Muzaffarnagar, the Petitioner, seeks to challenge the award dated 25th June, 1984, rendered by the Presiding Officer, Labour Court, Kanpur. the Respondent No. 1, in Adjudication Case No. 11 of 1983, registered on reference by the Government of Uttar Pradesh under Section 4K of the U.P. Industrial Disputes Act, 1947 here-in-after called the Act, whereby the Petitioner has been directed to reinstate the Respondent No. 2, Sukhvir Singh, a seasonal employee, grant continuity of service and pay the dues admissible to him on the footing of his being in continuous service.
(3.) The Respondent No. 4 was a seasonal clerk employed with the Petitioner Cooperative Society. His services were terminated by means of the order dated 30th July/2nd August, 1978. A copy of the termination order is Annexure 2 to the petition. Aggrieved by the order of termination, the Respondent No. 2 filed an appeal under Regulation 76 of the U.P. Cane Cooperative Service Regulations, 1975, here-in-after called the Regulations. This appeal was allowed by the appellate authority by means of its order dated 23rd March/2nd June, 1981, a copy whereof is to be found on record as Annexure 4 to the petition. The order of the appellate authority purported administer warning to the Respondent No. 7 and direct his reinstatement against the post falling vacant in future. It also clarified that the Respondent No. 2 would not be entitled to any salary for the period he remaining out of employment.;