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U.P.S.R.T.C. v. Azisul Hasan And Another - WRIT - C No. 53462 of 2003 [2007] RD-AH 2116 (8 February 2007)


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Hon. Dilip Gupta, J.

This petition seeks the quashing of the order dated 30.4. 2003 passed by the Presiding Officer, Labour Court (III), U.P., Kanpur by which the application filed by the respondent-workman under Section 6-F of the U.P. Industrial Disputes Act,  1947 (hereinafter referred to as the 'Act') has been allowed and the order dated 18.9.1997 passed by the Employers against the respondent-workman terminating his services, has been set aside.

It is not in dispute that Adjudication Case No.2 of 10994 between the respondent-workman and 28 other employees was pending before the Labour Court regarding claim for Selection Grade at the time when the order dated 18.9.1997 was passed by the Employers terminating the services of the respondent-workman. This compelled the respondent-workman to move an application under Section 6-F of the Act which has been allowed.

I have heard Sri Samir Sharma, learned counsel for the petitioner and Sri A.K. Gupta, learned counsel appearing for respondent No.1.

A perusal of Section 6-E(2) of the Act clearly shows that during the pendency of any proceeding in respect of an industrial dispute, the employer may, discharge or punish any workman not connected with the dispute whether by dismissal or otherwise provided the workman has been paid wages for one  month and the application has been made by the employer to the authority before which the proceeding is pending for approval of the action taken by the employer.

In the instant case, admittedly such an application was not moved by the Employers and nor any payment of wages of one month was made. It is on this account that the Presiding Officer of the Labour Court has allowed the application under Section 6-F of the Act. There is, therefore, no infirmity in the said order.

The writ petition is, accordingly, dismissed. Interim order, if any, stands vacated.

Dt/- 8.2.2007



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