D.S. Sinha, J. - (1.) Heard Sri. S.K. Sharma, learned counsel for the petitioners, Sri S.K. Saxena, learned Standing Counsel representing the respondents Nos. 1 and 2 and Sri A.K. Misra, holding brief of Sri Uma Kant Misra, learned counsel representing the respondent No. 3.
(2.) This petition under Article 226 of the Constitution of India is directed against two awards dated April 5, 1978 rendered in Misc. Case No. 9 of 1977 and Misc. Case No. 5 of 1978 given by the Presiding Officer, Labour Court, Gorakh-pur under Section 33-C (2) of the Industrial Disputes Act, 1947 which are founded on the decree and judgment dated October 30, 1975 of the III Addl. Munsif, Azamgarh passed in Suit No. 489 of 1974 Kuber Ram Yadav v. State of Uttar Pradesh and Ors. declaring the termination of the services of the petitioner to be invalid and directing for his employment as Conductor.
(3.) The sole contention of the learned counsel for the petitioners is that the decree and judgment dated October 30, 1975 on which the impugned awards are founded was a nullity; inasmuch as the learned Munsif had no jurisdiction to pass the same as the jurisdiction of the civil court in the matter relating to the employment of specified employees including the petitioner had been taken away by the U.P. Public Services (Tribunals) Act, 1976 (hereinafter called the Act) and that being so, the impugned awards cannot be sustained in law.;