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2000 Supreme(SC) 1591

D.P.MOHAPATRA, S.RAJENDRA BABU
Blue Star Employees Union – Appellant
Versus
Ex. Off. Principal Secy. To Government – Respondent


JUDGMENT

Rajendra Babu, J.-Certain disputes having arisen between the appellant union and respondent No. 2, a reference was made to the Industrial Tribunal (hereinafter referred to as the Tribunal ) in I.D.No. 2 of 1990. Pending adjudication of the said dispute, it is alleged that respondent No. 2 coerced the workmen to individually enter into settlement under Section 18(1) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act ). However, Balanarsimha and Mallesh refused to sign the settlement. Thereafter, the respondent No. 2 is stated to have notified the seniority list of mechanics of the weigh bridge/weighing machines department, while Mallesh was transferred, orders of termination of service of Balanarsimha and another was made. The seniority list exhibited was for the purpose of termination of the services of the said Mallesh. Balanarsimha and Mallesh made a complaint under Section 33-A of the Act complaining that the provisions of Section 33 of the Act had not been complied with in modifying their conditions of service. An award was made by the Tribunal holding that the termination of services of Balanarsimha and Mallesh is justified and dismissed the com












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