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2005 Supreme(SC) 1010

H.K.SEMA, ARIJIT PASAYAT
Umesh Korga Bhandari – Appellant
Versus
Mahanagar Telephone Nigam LTD. – Respondent


Judgment

Arijit Pasayat, J.—Challenge in these appeals is to the correctness of the judgment rendered by a Division Bench of the Bombay High Court allowing the Letters Patent Appeal filed by the Mahanagar Telephone Nigam Limited (in short ‘MTNL’), the respondent No. 1. The appellants were working in the Canteens maintained by the Departmental Canteen Committee. Appellants questioned the legality of termination of their services. The Government of India, Ministry of Labour, referred the matter for adjudication by the Central Government Industrial Tribunal No. II, Bombay (in short ‘CGIT’). Preliminary objection was raised by the present respondents on the ground that the concerned workmen were holding civil posts of the Central Government and, therefore, Industrial Disputes Act, 1947 (in short ‘ID Act’) has no application. The CGIT did not accept this stand and held that the action of the Departmental Canteen Committee in terminating the services of the appellants was not justified. Direction was given to reinstate the appellants in service in the same capacity from the date of retrenchment. The respondents were also directed to treat them in continuous service and to pay back wages.










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