Anjani Kumar, J. - (1.) The workman, Ram Narain Mittal, has preferred this writ petition under Article 226 of the Constitution of India against the award of the Labour Court, Kanpur dated 30th August, 1984 passed in Adjudication Case No. 229 of 1975, copy whereof is annexed as Annexure-'2' to the writ petition.
(2.) The following dispute was referred for adjudication before the Labour Court:
(3.) On the basis of the pleadings of the parties and material on record, the Labour Court framed preliminary issue including one as to whether the domestic enquiry conducted by the employer was fair and proper and in accordance with the principle of natural justice or not. The Labour Court vide its order dated 10th August, 1978 has held that the domestic enquiry conducted by the employer was defective and was not in accordance with law. Therefore, the issue was decided in favour of the workman and against the employer. Thereafter, the parties participated with the proceedings and argued the matter. After the matter was heard since workman concerned made an application for transfer of dispute, the file was summoned by the State Government. Therefore, the award could not be given and it is only after the rejection of the transfer application, which was rejected on 23rd July, 1984, the matter was re-opened and the matter was concluded by the Labour Court. The Labour Court in one sentence has held as under: "I need not discuss the evidence of the employers on record of the case proving that the dismissal of Sri R.N. Mittal with effect from 19th February, 1973 was justified and legal. ORDER I, therefore, hold that Garg Associates Private Ltd., Ghaziabad terminated the services of Sri R.N. Mittal S/o Sri Hari Kishan Lal with effect from 19th February, 1973 legally and justifiably.";