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2006 Supreme(SC) 778

ARIJIT PASAYAT, LOKESHWAR SINGH PANTA
KRISHNA BHAGYA JAL NIGAM LTD. – Appellant
Versus
MOHD. RAFI – Respondent


Advocates who appeared in this case:
Naveen R. Nath and Ms Anitha Shenoy, Advocates, for the Appellant.

Judgment

ARIJIT PASAYAT, J.-

1. Leave granted.

2.Challenge in this appeal is to the judgment rendered by a Division Bench of the Karnataka High Court, Bangalore allowing the writ appeal filed € by the respondent (hereinafter referred to as "the workman") and restoring the award made by the Labour Court.

3. Background facts in a nutshell are as follows:

The workman had been working as a daily-wage employee with Krishna Bhagya Jal Nigam Limited (for short "the Jal Nigam") which, at the relevant point of time was executing the Upper Krishna Project in the State of Karnataka. His services were allegedly terminated which gave rise to an industrial dispute. According to the claim made by the workman he served the Jal Nigam from 29-10-1989 to 1-4-1996. He further claimed that his services were terminated without complying with the provisions of Section 25-F of the Industrial Disputes Act, 1947 (for short "the Act"). A reference under Section 1O(1)(c) of the Act was made to the Labour Court, Gulbarga.

Several other employees had also challenged the termination of their services and other references had been made to the Labour Court and some of the employees had also filed applications before it















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