High Court of Judicature at Allahabad
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M/S Century Pulp and Paper, Ghanshyamdham, Nainital v. State of Uttar Pradesh & ors. - WRIT - A No. 4165 of 1992  RD-AH 29 (19 January 2004)
COURT NO. 34
CIVIL MISC. WRIT PETITION NO. 4165 OF 1992
M/S Century Pulp and Paper,
Ghanshyamdham, Nainital ----- Petitioner
State of Uttar Pradesh & ors. ----- Respondents
Hon'ble Arun Tandon, J.
This case has a chequered history as the matter was clubbed with a large number of identical cases and disposed of with the bunch of cases vide judgment and order dated 4.10.1994, holding it to be a matter of Mandi Samiti, wherein, an issue of recovery of market-fee was involved.
We have heard Shri V.B.Singh, learned counsel for the petitioner and Shri Ashok Mishra, holding brief of Shri J.C.Pandey, learned counsel for the respondents.
However, the instant case was in relation to the termination of the services and the reference made by the appropriate government to the Labour Court as to whether the services of the employee were terminated vide judgment and order dated 8.1.1991 in accordance with law or not? If not, to what relief he was entitled to? And the said reference order was under challenge. This Court had granted in this an interim order on 18.2.1992 restraining the Labour Court from proceeding with the matter as the matter had wrongly been clubbed with the other matters of Mandi Samiti.
The judgment and order dated 4.10.1994 is recalled only to the extent that it will not apply to the present writ petition.
The matter may be transmitted to the Uttaranchal High Court for its disposal.
Till then or till the order is modified, the interim order passed by this Court shall remain in force.
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