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2005 Supreme(SC) 615

N.S.HEGDE, S.B.SINHA
M. P. State Textiles Corpn. LTD. – Appellant
Versus
Mehendra – Respondent


Judgment

N. Santosh Hegde, J.—This appeal arises out of a judgment of the High Court of Madhya Pradesh, Indore Bench, made in Writ Petition No. 1974 of 2000 whereby the High Court by its order dated 17.9.2002 dismissed the writ petition filed by the appellant, challenging an award made by the Labour Court, Ujjain, dated 4.5.2000 in Case No. 36 of 1999 whereby the said Labour Court allowed the application of the respondent-workmen herein and while holding that the respondent-workmen were employees of the appellant-Corporation, set aside their retrenchment made by Indore Textile Mills Ltd., Ujjain, and also directed the appellant to pay the salary and benefits at par that is available to the employees of the appellant-Corporation.

2. In this appeal, the appellant-Corporation contends that the respondent-workmen were recruited by the appellant-Corporation for and on behalf of Indore Textile Mills, Ujjain and since the said Mills was closed, services of the workmen were lawfully retrenched, hence, the Labour Court and the High Court erred in directing their reinstatement in the appellant-Corporation. It is nextly contended that assuming that the respondent-workmen were employees of the a







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