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Judgment
Leave granted. The principal question which arises for consideration is as to whether the State of Uttar Pradesh was the appropriate Government for making a reference of the industrial dispute raised by the respondent-Union. The question is no longer res-integra in view of the Constitution Bench decision of this Court in Steel Authority of India Ltd. and Ors. v. National Union Waterfront Workers and Ors.- 2001 (7) SCC 1 as also a three-Judge Bench decision of this Court in appellant''s own case Hindustan Aeronautics Ltd. v. Hindustan Aero Canteen K. Sangh and Ors.- Civil Appeal No. 3659/2002.
In view of the aforementioned pronouncements of this Court, we are of the opinion that the High Court was not correct in refusing to interfere with the award of the Industrial Tribunal. We, therefore, set aside the impugned award as also the judgment of the High Court leaving the merit of the matter open. All the remedies of the respondent indisputably shall remain open.
The appeal is allowed.