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2019 Supreme(SC) 1058

R.BANUMATHI, A.S.BOPANNA
Rai Bahadur Narain Singh Sugar Mills Ltd. – Appellant
Versus
Mangey Ram – Respondent


Advocates Appeared:
For the Petitioner(s): Mr. K.G. Bhagat,Adv. Ms. Archna Midha,Adv. Ms. Rupal Taneja,Adv. Mr. Vineet Bhagat, AOR
For the Respondent(s): Mr. Ronak Karanpuria,Adv. Mr. Vishwa Pal Singh, AOR

JUDGMENT :

A.S. BOPANNA, J.

1. Leave granted.

2. The Appellant-Sugar Mills is before us assailing the Order dated 06.08.2011 passed by the Labour Court in Misc. Case NO.42 of 2011 while taking note of a petition filed by the respondent under Section 33-C(2) of the Industrial Disputes Act.

3. The genesis of the case for the said petition being filed under Section 33-C(2) of the I.D. Act before the Labour Court is that Labour Court at the first instance in the proceedings bearing Adjudication Case NO.64/1996 had passed an award and ordered that the termination order dated 07.12.1994 against the respondent by the appellant herein was not proper and legal. Accordingly, it was ordered that the respondent herein be reinstated into service during the up-coming crushing season. As far as payment of back-wages is concerned, it was quantified at Rs.5,000/-, as compensation. With regard to the intervening wages during which the writ petition was pending, it was ordered that the respondent herein is relegated to the employer before whom he shall make a representation in that regard. The said order insofar as the said direction has attained the finality.

4. The respondent instituted a petition under

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