CHANDRA PRATAP SINGH Vs. UTTAR PRADESH STATE CEMENT CORPORATION
LAWS(ALL)-1988-4-106
HIGH COURT OF ALLAHABAD
Decided on April 06,1988

CHANDRA PRATAP SINGH Appellant
VERSUS
Uttar Pradesh State Cement Corporation Respondents

JUDGEMENT

- (1.) This petition has been filed by an individual who claims to have been employed in the Uttar Pradesh State Cement Corporation, Ltd., as a workman.
(2.) He is aggrieved by what he has characterised as retrenchment of his employment by the said corporation. It appears that the petitioner's service were discontinued sometime in 1979. Thereafter he appears to have applied for taking him back in service. Having failed to persuade the employers he approached this Court by means of a petition asserting that he was not paid any compensation such as is contemplated under S. 6 N of the Uttar Pradesh Industrial Disputes Act and consequently his alleged retrenchment is completely void and ineffectual in law. A direction should, therefore, be issued to the said corporation to take the petitioner back in service with the benefits of continuity of service with all the consequential benefits.
(3.) This Court, however, by an order, dated 4 February 1985, dismissed that petition on the ground that the petitioner had an effective alternative remedy available to him by way of approach to the appropriate authorities under the Uttar Pradesh Industrial Disputes Act. Thereafter the petitioner filed an application in the prescribed form before the Conciliation Officer. The matter remained pending before the Conciliation Officer for some time but the Conciliation Officer failed to bring about any settlement between the petitioner and his employers and he reported the failure to the State Government. The State Government thereafter passed an order, dated 25 October 1985, declining to refer the dispute sought to be raised by the petitioner, on the ground that it was not a fit case for reference under S. 4K. of the Uttar Pradesh Industrial Disputes Act.;


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