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2003 Supreme(SC) 1308

D.M.DHARMADHIKARI, SHIVARAJ V.PATIL
U. P. State Electricity Board – Appellant
Versus
Rajesh Kumar – Respondent


( 1 ) U. P. State Electricity Board is before us in these appeals assailing the impugned judgment passed by the High Court dismissing the writ petition filed by it, questioning the validity and correctness of the common award passed by the Labour Court, U. P. , Varanasi, under which the respondent workmen were held to be entitled to reinstatement with continuity of service. However, the workmen were declared to be entitled to back wages from the date of reference i. e. between July 26, 1997 to July 29, 1997, as the case may be, in respect of the respective workmen. The facts leading to reference of disputes and the contentions advanced were common, hence, the Labour Court passed the common award. Conciliation proceedings were initiated in 1997. When they failed, the appropriate government made reference of the disputes in the year 1997 itself. The Labour Court, considering the material placed on record in the light of the respective contentions, concluded that the orders of termination terminating the services of the workmen were illegal. Before the Labour Court one workman was examined in support of the case of the workmen and an attested copy of the list, showing the names of 82




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