- (1.) FLLMISTAN Exhibitors (Private), Ltd,, Delhi, owns several cinema houses situated all over India Including Filmistan Theatres, Kanpur, and New Filmistan Cinema, Model Basti, New Delhi. It also carries on the business of exhibiting films in these cinema houses. Petitioner 1, Sharda Saran Srivastava, was employed as a permanent operator in Fllmlatan Theatres, Kanpur. Petitioner 2, the Cinema Employees' Union, Uttar Pradesh, Kanpur, as Its name indicates, is the union of the employees of cinema houses In this State. Petitioner 1 was its president in 1958.
(2.) IT appears that sometime In 1957 Fllmistan Exhibitors (Private), Ltd, (hereinafter called the employer), purported to transfer petitioner 1 from Kanpur to New Delhi. The latter did not agree; and there ensued an industrial dispute between the employer and petitioner 2 about the transfer of petitioner 1. The matter went of before the Regional Conciliation Officer, Kanpur. Before him the parties arrived at an agreement. The agreement was reduced Into writing and is annexure I to the petition. The agreement provides for the reinstatement of petitioner 1. Ha was posted at Delhi for sixty days. After sixty days he was to be sent back to Kanpur.
(3.) PURSUANT to this agreement, petitioner 1 went to Delhi and worked there for 58 days. The employer then terminated his service at Delhi. Thereupon, petitioner 2 raised an industrial dispute at Kanpur. The State Government then referred to the labour court, Kanpur, the following dispute: Whether the employers have wrongfully and/or unjustifiably terminated the services of their workman, Sharda Saran Srivastava, with effect from 6 November 1057 ? If so, to what relief Is the workman entitled?;