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2018 Supreme(SC) 903

A.M.SAPRE, S.ABDUL NAZEER
Management of Regional Chief Engineer P. H. E. D. Ranchi – Appellant
Versus
Their Workmen Rep. by District Secretary – Respondent


JUDGMENT

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal is directed against the final judgment and order dated 02.02.2017 of the High Court of Jharkhand at Ranchi in L.P.A. No.484 of 2008 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant herein and upheld the order dated 08.07.2008 passed by the Single Judge of the High Court in W.P.(L) No.3962 of 2006.

3. Few facts need to be mentioned hereinbelow for the disposal of the appeal, which involves a short issue.

4. The short question, which arises for consideration in this appeal, is whether the Courts below, namely, the High Court and the Labour Court were justified in awarding full back wages to the 37 workmen represented by Workmen Union after setting aside their dismissal order holding it to be bad in law being in contravention of Section 25F of the Industrial Disputes Act, 1947 (hereinafter referred to as “I.D. Act”) and, in consequence, directing reinstatement of these workmen in services of the appellant in their Public Health and Engineering Department (PHED).

5. The appellant is the Department of the State of Jharkhand [Public Health and Engineering Department (PHED)] whereas


















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