U P AVAS EVAM VIKAS PARISHAD Vs. LABOUR COURT
LAWS(ALL)-2003-10-3
HIGH COURT OF ALLAHABAD
Decided on October 22,2003

UTTAR PRADESH AVAS EVAM VIKAS PARISHAD Appellant
VERSUS
LABOUR COURT Respondents

JUDGEMENT

Anjani Kumar, J. - (1.) The petitioner-employers U.P. Avas Evam Vikas Parishad, approached this Court by means of present writ petition under Article 226 of the Constitution of India, questioning the award of the Labour Court, U.P., Agra dated 31st October, 1995, passed in Adjudication Case No, 7 of 1985, copy whereof is annexed as Annexure-'I' to the writ petition.
(2.) The following dispute was referred to by the State Government in exercise of power under Section 4-K of the U.P. Industrial Disputes Act, 1947 (In short 'Act'), to the Labour Court for adjudication : ..(Vernacular Text Deleted)..
(3.) After receipt of the reference, case was registered and notices were sent to both the parties, namely, the employers as well as the workman concerned, who have exchanged the pleadings and adduced their respective evidence. On the basis of the pleadings of the parties, the Labour Court framed the following additional issues : "(1) Whether the respondent is 'Workman' within the meaning of the word used under the provision of U.P. Avas Vikas Parishad? (2) Whether the Labour Court has jurisdiction to hear the reference made to it? (3) Whether U.P. Avas Vikas Parishad is covered by the definition of an 'Industry'? and (4) Whether the domestic enquiry conducted by the employers against the workman concerned was fair and proper and in accordance with principles of natural justice?";


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