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2007 Supreme(SC) 1577

ARIJIT PASAYAT, P.SATHASIVAM
HARYANA LAND RECLAMATION AND DEVELOPMENT CORPORATION LTD – Appellant
Versus
NIRMAL KUMAR – Respondent


ARIJIT PASAYAT, J.

( 1 ) CHALLENGE in this appeal is to the order passed by a division Bench of the Rajasthan High Court at Jodhpur, dismissing the Special Appeal under Section 18 of the rajasthan Ordinance 1949. By the impugned judgment the division Bench upheld the order passed by the learned Single judge.

( 2 ) BACKGROUND facts in a nutshell are as follows: the respondent-workman filed a claim petition and sought a reference of the dispute raised by him to the Labour court. The appropriate Government referred to the dispute for adjudication to the Labour Court, Hanumangarh. In the claim petition the respondent-workman alleged that he was employed by the appellant as watchman-cum-peon and his services were retrenched by the appellant illegally on 18. 7. 1991. The Labour Court after giving an opportunity to the appellant to discuss his claim and on consideration of evidence led by the parties came to the conclusion that the services of the respondent-workman was retrenched in violation of Rule 77 of the Rajasthan Industrial Rules, 1958 (in short the 'rules' ). The Labour Court also found that the reason for retrenchment as advanced by the appellant, that some amount was embezzle












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