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2019 Supreme(SC) 650

ROHINTON FALI NARIMAN, VINEET SARAN
Bharat Heavy Electricals Ltd. – Appellant
Versus
Mahendra Prasad Jakhmola – Respondent


Advocates appeared:
Sudhir Chandra, Sr. Adv., Parijat Sinha, Ms. Reshmi Rea Sinha, Gaurav Ghosh, Rudra Dutta, Devesh Mishra, Anil Kumar Mishra, Ms. Asha Jain Madan, Mukesh Jain, Ms. Madhu Talwar, Rahul Verma, Mrs. D. Bharathi Reddy, Ms. Rachna Gandhi, Advs.

JUDGMENT :

R.F. Nariman, J.

The present appeals arise out of a judgment dated 24.04.2014 and a review dismissal from the aforesaid judgment dated 11.09.2014, by which the High Court of Uttarakhand has dismissed a writ petition against a Labour Court's Award.

2. The brief facts necessary to decide these appeals are as follows:

3. By Reference Order dated 09.11.2004 under Section 4(k) of the Uttar Pradesh Industrial Disputes Act, 1947, the following dispute was referred to the Labour Court:

"Whether termination of services of workman Shri Mahendra Prasad Jakhmola, s/o Late Shri Vachaspati Jakhmola, Helper by the employer, w.e.f. 13.11.2001, is justified and/or as per law? If not, what benefit/relief the concerned workman is entitled for and with what other details?"

4. Similar Reference Orders were made in 63 other cases.

5. Pleadings were filed before the Labour Court at Haridwar and evidence was led on behalf of the appellant as well as by the workmen. By an Award dated 01.11.2009, the Labour Court held, referring to a notification, which is, notification dated 24.04.1990 under the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as 1970 Act'), that the said n
























































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