Palok Basu, J. - (1.) Since the petitions raise similar questions they are being disposed of by a common judgment.
(2.) In one of them, Rajiv Ratan Lal Srivastava is the respondent No. 3 who has been dismissed from the office of Cashier in the year 1979 by the petitioner U.P. State Spinning Mills Co. which has a Unit in Maunath Bhanjan, Azamgarh. In the other case, the respondent Surendra Singh's; tenure was terminated in the year 1984 when he was working as Assistant Fitter, that too in a mill in Maunath Bhanjan.
(3.) The matters were raised in conciliation ; proceedings and the State U.P. was informed of the said controversy for making a reference, if any, under the U.P. Industrial Disputes Act. In Rajiv Ratan Lal Srivastava's case the State Government passed an order on October 30, 1990 that since the Government did not consider the matter fit, no case for reference was made out. It appears that another order was passed on October 1, 1984 reiterating the said stand when the workman was informed of the decision that the casee was not fit for reference. On May 23, 1992 the State Government passed an order taking the view that there exists an industrial dispute between the employer and the employee Rajiv Ratan Lal Srivastava and, therefore, it was fit enough for reference under Section 4-K of the said Act. The reference made in Hindi was under: "Kiya Sevajanon Dwara Apne Shramik Rajiv Ratan Lal Srivastava Putra Shri Ramakant Srivastava Sahayak Kosha Adhyaksh Ki Aadesh Dinank Janaury 23, 1979 Dwara Sewain Samapt Kiya Jana Anuchit Awam Awaidhanik Hai? Yadi Han, To sambandhit Shramik Kiya Hitlabh/Upshaman Paney Ka Adhikari Hai. Tatha Kis Anya Viviran Sahit? Translated into English the reference would read: "Whether the action of employers in passing the order dated January 23, 1979 terminating the employment of Rajiv Ratan Lal Srivastava, Assistant Cashier, is illegal and unjustified? If the answer is in the affirmative, then to what relief, benefits the employee concerned is entitled to and with what further benefits?";