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2004 Supreme(SC) 1047

N.S.HEGDE, A.K.MATHUR, S.B.SINHA
Management Of Krishnakali Tea Estate – Appellant
Versus
Akhil Bharatiya Chah Mazdoor Sangh – Respondent


JUDGMENT

Santosh Hegde, J.-This appeal by leave of this Court is preferred against judgment and order dated 8th of February 2000 made by the Gauhati High Court in Writ Appeal No. 519 of 1997 confirming an order of the learned Single Judge of the same court in Civil Rule No. 1485 of 1992 dated 19th July, 1997. The original writ petition was filed by the first respondent herein against an award made by the Labour Court dated 21st of August 1991 which award upheld the decision of the appellant-management to dismiss the concerned workmen on the ground of proved misconduct.

2. Facts necessary for the disposal of this appeal are as follows:

Concerned workmen who are represented by the first respondent herein were in the employment of the appellant-management which was managing a Tea Estate. It is the case of the management that in pursuance to a demand for bonus of 20 made by the workmen which was not acceded to by the management, certain workers came in a mob on the night of 12th/13th of October 1980 to the bungalow of Manager of the Tea Estate, armed with lethal weapons such as lathis, bows and arrows and axes and they gheraoed the Manager and others and by threat demanded bonus at the r








































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