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2009 Supreme(SC) 870

ASOK KUMAR GANGULY, ARIJIT PASAYAT
Krishna Bhagya Jala Nigam Ltd. – Appellant
Versus
Mohammed Rafi – Respondent


JUDGMENT :

Dr. Arijit Pasayat, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment of the Division Bench of the Karnataka High Court allowing the writ appeal filed by the respondent. By the impugned judgment the Division Bench set aside the order passed by a learned Single Judge and 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 the Krishna Bhagya Jala Nigam Limited (for short the `Jala 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 Jala 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 10(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 employee


















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