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2007 Supreme(SC) 1238

ARIJIT PASAYAT, LOKESHWAR SINGH PANTA
Ganga Kisan Sahkari Chini Mills Ltd. – Appellant
Versus
Jaivir Singh – Respondent


judgment

Dr. ARIJIT PASAYAT, J. —

1.In these appeals challenge is to the order passed by a learned Single Judge of the Allahabad High Court dismissing the writ petitions filed by the appellants. In the writ petitions, challenge was to the awards made by the Presiding Officer, Labour Court (2), Meerut (hereinafter referred to as the ‘Labour Court’). By the impugned award, the Labour Court had directed re-instatement of the respondents-workmen and payment of back wages and retaining allowance. The Labour Court’s awards were in relation to the references made under the Industrial Disputes Act, 1947 (in short the ‘Act’). Reference in all these cases related to the claim for re-instatement and back wages to which the concerned workmen were entitled to. The claim was founded on the basis that termination of services in each case was illegal.

The reference reads as follows (by way of sample) :

“Kya Sewayojako Dwara Apne Shramik Jai Veer Singh (Putra Shri Ram Lal), P.H. Recorder Ki Sewae Dinank 6.3.1985 se Samapt Kiya Jana Uchit Tatha/Athwa Vaidhanki Hai? Yadi Nahi, to Sambandhit Shramik Kya Labh/Anutosh (relief) Pane Ka Adhikari Hai, Tatha Kisi Anya Vivran Sahit?”

2.The workmen claimed that t








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