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2004 Supreme(SC) 292

Y.K.SABHARWAL, A.R.LAKSHMANAN
Mukand LTD. – Appellant
Versus
Mukand Staff & Officers Association – Respondent


Judgment

Dr. AR. Lakshmanan, J.-The present case raises an important issue of vital public importance, namely, whether the Industrial Tribunal was justified in adjudicating upon the service conditions of employees, who are not “workmen” under the Industrial Disputes Act, 1947 and are hence clearly outside its jurisdiction.

2. Civil Appeal No. 5601 of 2001 was filed by the appellant-Company against the common final judgment and order of the Division Bench of the High Court of Judicature at Bombay in Appeal No. 194 of 2000. The said appeal was filed by the Company against the judgment dated 1.12.1999 of the learned single Judge in Writ Petition No. 1705 of 1998 which was filed by the Company against the award of the Industrial Tribunal in Reference being Reference (IT) No. 3 of 1993 which arose out of the demands of the respondent-Union.

3. Civil Appeal Nos. 7340 and 7341 of 2001 were filed by the Union against the judgment and order in Appeal No. 441 of 2000 which was filed by the Union impugning the judgment dated 1.12.1999 of the learned single Judge in Writ Petition No. 1705 of 1998 by which the single Judge had reduced the extent of dearness allowance granted under the award of the













































































































































































































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