RAKESH TIWARI,J. - (1.) HEARD Counsel for the parties and perused the record.
(2.) THIS writ petition is directed against the award dated 2nd May, 1998 passed by the Labour Court, U.P., Agra in Adjudication Case No. 84 of 1996. The brief facts of the case are that respondent No. 2 is a Cooperative Sugar Facton, and is registered under the provisions of the Cooperative Societies Act. It advertised the post of Medical Officer in September, 1976. The petitioner applied for the said post and was selected. He was appointed as Part -time Medical Officer on a consolidated salary for performing duties atleast 3 hours per day. The petitioner joined his duties on 1st March, 1997. His services were alleged to have been terminated vide order dated 23rd/24th May, 1983 without any notice or opportunity. Aggrieved by his termination of services, he raised an industrial dispute. On conciliation proceedings having failed, a dispute regarding termination of the services of the petitioner was referred by the State Government to the Labour. Court where it was registered as Adjudication Case No. 84 of 1996.
(3.) ON receipt of summons respondent No. 2 filed written statement and also raised a preliminary objection regarding maintainability of the proceedings. The Labour Court decided the preliminary objection rejecting the objection holding that the dispute was maintainable vide order dated 23rd January, 1997. Thereafter evidence was led before the Labour Court. The petitioner entered into witness box and gave his evidence. Sri Om Gautam and Sri Ravindra Kumar Singh gave oral evidence on behalf of respondent No. 2. An application dated 14th August, 1996 was also moved by the petitioner for summoning certain records. Documentary evidence was also filed by the parties. The award was submitted by the Labour Court on 2.5.1998 and was enforced by publication on the Notice Board on 4th March, 1999.;