D.S. Sinha, J. - (1.) Heard Sri Vijay Sinha, holding brief of Sri Vijay Bahadur Singh, learned counsel appearing for the petitioner and Sri Tej Ram, learned Standing Counsel appearing for the Respondents No. 1 and 3, at length and in detail.
(2.) Invoking jurisdiction of this Court under Article 226 of the Constitution of India the petitioner , an employer, urges this Court to quash the order dated April 13, 1978, passed by the Labour Court II, U.P., Kanpur, the Respondent No. 1, in proceedings under Section 33-C(2) of the Industrial Disputes Act, 1947, hereinafter called 'the Act' initiated by a workman Sri Adinath Misra, the Respondent No. 2, whereby an amount of Rs. 20,344.50 Paise has been computed and determined to be payable to the Respondent No. 2. A true copy of the impugned order dated April 13, 1978 is Annexure-4 to the writ petition.
(3.) Relevant facts giving rise to instant petition are these ; -- The Respondent No. 2 was an employee of the petitioner. His services were terminated with effect from June 27, 1964, which led to an industrial dispute referred to the Respondent No. 1 under Section 4K of the U.P. Industrial Disputes Act, 1947 for adjudication. The Respondent No. 1 gave an award dated December 22, 1971, which was published in the U.P. Gazette of March 4, 1972. By the award it was held that the termination of the services of the Respondent No. 2 was illegal and improper, and it was directed that the Respondent No. 2 be reinstated forthwith with the benefit of back wages form November, 1968 to the date of reinstatement.;