V.K.Mehrotra, J. - (1.) M/s. Northern India Gas Company Limited, (for brief, the company) has assailed in this petition under Article 226 of the Constitution an order made by the State Government under Section 4-K of the U. P. Industrial Disputes Act referring a dispute relating to the ^termination of the service of Nathu Ram, respondent No. 3, by the petitioner. This order is annexure 2 to the writ petition and is dated February 23, 1980} The question that the reference was not competent because the dispute between the company and Nathu Ram stood settled on account of a settlement arrived at-between the parties in Conciliation Board Case No. 964 of 1978, raised by way of preliminary objection by the Company was decided by the Labour Court against the company by its order of September 3, 1980, This order is annexure 4 to the writ petition and has also been assailed by the company in this petition.
(2.) Nathu Ram was employed as a driver with the Company. He did not attend duty with effect from November 23, 1977 and bad, according to the Company, abandoned his job. He had done so because he had become alchohohc and was not behaving properly upon which he was asked by the Company repeatedly to n.end his ways. Workman Nathu Ram says that his services wire illegally terminated by the Company on that date.
(3.) The ease of the Company is that the workman had initiated a Conciliation Board case, which was registeied as Case No. 964 of 1978, with the grievance that his services had been illegally terminated. That proceeding had been initiated through the U. P. Industrial Mazdoor Federation, Kanpur. The company appeared in those proceedings and a settlement took place before the Regional Conciliation Officer on January 18, 1979. No dispute survives after that lettkmeut between the parties.;