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2002 Supreme(SC) 446

B.N.AGARWAL, S.RAJENDRA BABU
Virendra Bhandari – Appellant
Versus
Rajasthan State Road Transport Corporation – Respondent


ORDER

Leave granted.

2. A reference was made to the industrial tribunal-cum-labour court (hereinafter referred to as the tribunal) for adjudication of a dispute in terms of section 10(d) read with section 12(5) of the Industrial Disputes Act on the question of termination of the services of the workman and forfeiture of the certain amount of wages for the period for suspension. The tribunal by an adjudication made on 8.8.1985 held that though notices had been served upon the appellant he had remained ex parte. The tribunal proceeded to state that there does not remain any dispute between the parties and made the adjudication in that manner. Thereafter, an application was filed by the appellant and by an order made on 29.8.1987, the same was disposed of by the tribunal stating that the appellant had not evinced any interest in the dispute, that there has been delay in seeking restoration of those proceedings and, therefore, it is not proper to cancel the award after having issued notification after the award was made.

3. However, the government by another order dated 20.12.1988 made a reference of a dispute to the tribunal on the same questions on which earlier reference had been made.







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