Court No. - 1 Case :- WRIT - C No. - 47767 of 2010 Petitioner :- Rajendra Singh Nagar Respondent :- Union Of India And Others Petitioner Counsel :- Surendra Kumar Mishra Respondent Counsel :- A. S. G. I. Hon'ble Devendra Pratap Singh,J.
Heard learned counsel for the petitioner and Sri Ajatshatru Pandey for
the respondent.
It appears that the services of the petitioner were dispensed with vide
order dated 27th of October 1987 and the legality thereof is in question
in Adjudication Case No.114 of 1990. As another dispute was pending,
an application under Section 6E (2B) of the U.P. Industrial Disputes
Act was filed which was subsequently withdrawn and now this petition
seeking reinstatement.
It is urged that untill and unless the permission is granted, the
termination order would not be effective and in support thereof, he has
relied upon a decision of the Apex Court rendered in the case of Straw
Board Manufacturing Co. vs. Govind [1962 SCC (Supp) 619. A
perusal of the said judgment shows that termination would remain
operative untill and unless it is disproved. In any evenţ the very validity
of the termination is engaging the attention of the Labour Court.
Furtheŗ there is absolutely no explaination for the inordinate delay in
approaching this Court.
For the reasons above, this is not a fit case for interference under
Article 226 of the Constitution of India. Rejected.
Order Date :- 13.8.2010
PKG