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1999 Supreme(SC) 455

Ajaib Singh – Appellant
Versus
Sirhind Co-operative Marketing Cum-processing Service Society LTD. – Respondent


Judgment

Sethi, J.-Leave granted.

2. The services of the appellant-workman were terminated by the re­spondent-management allegedly without compliance of the mandatory provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as ‘the Act’). The dispute regarding his termination of services was referred to the Labour Court by the appropriate government on 19.3.1982. The management justified their action on the ground that as the workman, being a salesman, had embezzled thousand of rupees, the termination of his services was justified. The jurisdiction of the Labour Court to entertain and adjudication the reference was also disputed. However, after the evidence of the parties, the labour court vide its award dated 16.4.1986 directed re-instatement of the workman with full back wages from 8.12.1981. It may be worth noticing that the issue regarding jurisdiction of the labour court to entertain the reerence was not pressed by the management. Not satisfied with the award of the labour court, the management filed a writ petition in the High Court praying for quashing the award of the labour court mainly on the ground of the workman having approached the court for the grant of















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