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2007 Supreme(SC) 35

ARIJIT PASAYAT, S.H.KAPADIA
Industrial Paper (Assam) LTD. Emps. Union – Appellant
Versus
Management Assam Industrial Dev. Corpn. LTD. – Respondent


JUDGMENT

Dr. Arijit Pasayat, J.—Appellant calls in question legality of the judgment rendered by a Division Bench of the Guwahati High Court dismissing the writ petition filed by the appellant. The writ appeal was directed against the common judgment and order dated 7.5.2002 passed by learned Single Judge wherein the writ petition filed by the respondent No.2 i.e. Management of Assam Industrial Development Corporation Ltd. (in short the ‘AIDC’) was allowed while dismissing the writ petition filed by the appellant. Both the writ petitions were directed against the Award of the Presiding Officer, Labour Court, Assam, at Guwahati (hereinafter referred to as the ‘Labour Court’). The appellant claims to be the Union of employees of M/s Industrial Papers (Assam) Ltd. (in short the ‘IPAL’). Learned Single Judge held that there is a clear cut finding in the Award to the effect that workmen were not employees of AIDC, and therefore, the question of giving them benefit as was done by the Labour Court did not arose and consequently that part of the Award was quashed.

2. Background facts in a nutshell are as follows:

The appellant, being the registered Trade Union, looking after the welfare of i





























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