A.N. Varma, J. - (1.) This case is covered by a decision of Supreme Court reported in Bangalore Water Supply and Sewerage Board v. Rajappa and others, AIR 1978 Supreme Court page 549.
(2.) The petition is directed against an order rejection the preliminary objection raised by the petitioner to the effect that Industrial Tribunal has no jurisdiction to take cognizance of the dispute referred to it for adjudication by the State Government under Section 4-K of the U.P. Industrial Disputes Act. The objection raised before the Tribunal was that the concerned workmen were public servants within the Services (Tribunals) Act, 1976 and consequently, the dispute could be adjudicated only by a Tribunal constituted under the said Act.
(3.) The facts relevant for determination of the above controversy lie within a narrow compass. The petitioner is a Municipal Board and the concerned workmen were its employees. The later were aggrieved by an order passed by the Municipal Board terminating the services of these employees on the ground of alleged misconduct. The workmen appear to have approached the State Government which referred the dispute for adjudication to Industrial Tribunal, Meerut. Before the Tribunal in its written statement the Municipal Board took the plea that the workmen were public servants and consequently the dispute raised by them could be adjudicated only by a Tribunal constituted under the U.P. Public Services (Tribunals) Act. As already observed, the Tribunal overruled this objection by means of an order which is the subject of challenge in this writ petition.;