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2005 Supreme(SC) 80

RUMA PAL, C.K.THAKKER
DIVYASH PANDIT – Appellant
Versus
MANAGEMENT, NCCBM – Respondent


ORDER

1. Leave granted.

2. The appellant before us was an employee of the respondent council.

Pursuant to an enquiry held, his services were terminated in 1987. The Labour Court, before which a reference was made challenging the f termination, framed four issues for determination on the basis of the pleadings of the parties. These four issues were:

"1. Whether the management is not an industry within the meaning of Section 2(j) of the ID Act?

2. Whether the Delhi Administration is not the appropriate 9 Government as alleged in preliminary objection 2?

3. Whether the petitioner is a workman within the meaning of Section 2(s) of the ID Act?

4. Whether the domestic enquiry held by the management is improper and invalid and whether the finding is perverse?"

3. The Labour Court decided Issue 4. According to the award the respondent had given up all other issues. By the award it was found that the enquiry was improperly held and that the conclusion reached by the enquiry officer was perverse. The order of termination was accordingly set aside and the appellant was directed to be reinstated with continuity of service and full back wages. We may note at this stage that in the concluding por






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