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2007 Supreme(SC) 464

S.B.SINHA, MARKANDEY KATJU
MADHYA PRADESH ADMINISTRATION – Appellant
Versus
TRIBHUBAN – Respondent


S. B. SINHA, J.

( 1 ) LEAVE granted.

( 2 ) STATE of Madhya Pradesh runs an establishment in Delhi known as Madhya Pradesh Bhawan. Respondent was appointed on temporary basis from time to time with breaks in services. He worked for the period 13. 12. 1991 to 1. 3. 1994. After his services were terminated, an industrial dispute was raised. The said dispute was referred for its determination before the Industrial Tribunal. The Industrial Tribunal by an Award dated 26. 7. 2002, while holding that in terminating the services of the respondents the appellant has failed to comply with the statutory requirements contained in Section 25f of the Industrial Disputes Act, awarded only retrenchment compensation alongwith notice pay together with interest @ 9% per annum. Validity of the said Award was not questioned by the appellant. Respondent, however, filed a Writ Petition thereagainst. By a Judgment and Order dated 24. 2. 2005 and 15. 4. 2005, a learned Single Judge of the Delhi High Court allowed the said Writ Petition directing re-instatement of the respondent with full back wages. An intra-court appeal preferred thereagainst has been dismissed by a Division Bench of the said Court by re











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