S.P.Mehrotra - (1.) THE present writ petition under Article 226 of the Constitution of India has been filed by the petitioner, inter alia, praying for quashing the award dated 24.6.1995 (Annexure-1 to the Writ Petition) passed by the Presiding Officer, labour court (I), U. P., Meerut (respondent No. 1).
(2.) COUNTER - affidavit and rejoinder-affidavit have been exchanged between the parties. It appears that by the Government order dated 3.11.1993, reference of an alleged industrial dispute was made to the respondent No. 1, which was registered as Adjudication Case No. 192 of 1993. The alleged dispute referred was as to whether removal/ deprivation of the workman-Virendra Pal Singh (respondent No. 2) from work with effect from 30.6.1985 by the employer (petitioner) was proper and legal, and if not, as to what benefits/reliefs the concerned workman was entitled to and with what other details.
(3.) WRITTEN statement was filed on behalf of the petitioner (employer) in the said Adjudication Case, inter alia, stating that the termination of services of the respondent No. 2 (workman) was perfectly legal; and that the labour court had no jurisdiction to decide the dispute in question; and that the services of the respondent No. 2 (workman) were governed by the provisions of the U. P. Co-operative Societies Employees' Service Regulations, 1975, which came into force on 6.1.1976. The respondent No. 2 (workman) filed written statement, inter alia, stating that the U. P. Rajya Sahkari Gram Vikas Bank Ltd. (petitioner) was an apex level society or State level Co-operative Society registered under Section 4 of the U. P. Co-operative Societies Act, 1965; and that the services of the employees of the said Bank were governed by the provisions of the U. P. Co-operative Societies Employees? Service Regulations, 1975 as well as the U. P. Industrial Disputes Act, 1947; and that the services of the respondent No. 2 (workman) had been terminated in violation of Section 6N of the U. P. Industrial Disputes Act, 1947 and Rule 42 of the Rules framed under the said Act. Copy of the said written statement filed by the respondent No. 2 (workman) in the said adjudication Case has been filed as Annexure-CA-1 to the counter-affidavit filed on behalf of the respondent No. 2 in the present writ petition.;