High CourtsSingle Bench(1996) 09 AHC CK 0136

Fairbanks Morse India Ltd. vs State of U.P. and Others

Allahabad High Court · Decided on 10 September 1996 · Citation: (1996) 3 UPLBEC 2115

HON’BLE JUDGES
M. Katju, J
RESULT
Dismissed
CASE NUMBER
C.M.W.P. No. 18788 of 1996

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Judgment

3 paragraphs · 249 words

M. Katju, J.—Heard learned Counsels for the parties.

2.

This writ petition has been filed against the impugned award dated 24.11.95. The reference order was as to whether the termination of service of the Respondent No. 3 on 24.9.87 was valid and proper. Earlier by the order dated 12.2.93, it was held that the Respondent workman was not performing supervisory functions. This order has discussed the evidence on the record. In the order dated 12.2.93, it has been stated that the Petitioner has not filed any documentary evidence to show that the Respondent No. 3 was performing the work of supervisory nature. The Petitioner in his oral evidence alleged that some persons were working under the Respondent No. 3 and the work of Respondent No. 3 was supervisory in nature, but he has not given the name or number of persons who were alleged to be working under the supervision of the Respondent No. 3. The Respondent No. 3 and his witness Anil Kumar stated that the Respondent No. 3 was not doing supervisory work but only work of Turner. This being a finding of fact, I cannot interfere with the same in writ jurisdiction. As regards the award, it has been stated therein that the Petitioner had terminated the services of workman Respondent No. 3 on 24.9.87 without holding any enquiry and without complying with Section 6N of the U.P. Industrial Dispute Act.

3.

Thus, there is no infirmity in the impugned award. The writ petition is dismissed.