Court No. - 2
Case :- WRIT - C No. - 7448 of 2018 Petitioner :- Sohail Ahmad Assistant Manager U.P. State Road Transport Corporation And Another Respondent :- Sone Lal Gupta And Another Counsel for Petitioner :- Nripendra Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Nripendra Mishra for the petitioners and Standing Counsel for State of U.P.
This writ petition has been filed against the award of Labour Court dated 17.8.2017, published on 7.11.2017, by which, it has been held that termination of services of respondent-1 by the order dated 7.9.2001 was contrary to the provisions of Section 6E(2)(b) of U.P. Industrial Disputes Act 1947, inasmuch as, a reference relating to industrial dispute was already pending before the Labour Court, prior to initiation of disciplinary proceeding, in which punishment order dated 7.9.2001 has been passed, without taking prior permission.
The petitioner has not been able to file any document, showing that the requisite permission, as required to initiate disciplinary proceeding, during pendency of industrial dispute u/s Section 6E(2)(b) of U.P. Industrial Disputes Act 1947, was taken from the Labour Court. Thus, the impugned order does not suffer from any illegality.
The writ petition has no merit and is dismissed.
Order Date :- 27.3.2018 Jaideep/-