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2023 Supreme(SC) 593

KRISHNA MURARI, SANJAY KUMAR
Their Workmen through the Joint Secretary (Welfare), Food Corporation of India Executive Staff Union – Appellant
Versus
Employer in relation to the Management of the Food Corporation of India – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Ajit Pudussery, AOR Ms. Udita Singh, AOR
For the Respondent(s): Ms. Udita Singh, AOR Mr. Ajit Pudussery, AOR Mr. Amrish Kumar, AOR

JUDGMENT :

SANJAY KUMAR, J.

1. Leave granted.

2. Arising out of the very same judgment dated 17.12.2020 passed by a Division Bench of the Jharkand High Court in L.P.A. No. 80 of 2019, these two appeals are amenable to a conjoined disposal.

3. By order dated 12.01.1996 issued under Section 10(1)(d) of the Industrial Disputes Act, 1947, the Ministry of Labour, Government of India, referred the industrial dispute raised by the Executive Staff Union of Food Corporation of India, espousing the cause of 21 casual workers, for adjudication. It was transferred to the Central Government Industrial Tribunal No. 2, Dhanbad (hereinafter, ‘the Tribunal”), and taken on file as Reference No. 128 of 1996. The schedule of the reference set out the dispute for resolution as under:

    ‘Whether the action of the management of Food Corporation of India, Patna, retrenching the services of S/Sh. Sashi Shankar and 20 others (list enclosed) is justified and legal? If not, what relief the concerned workmen are entitled to?’

4. One witness each was examined before the Tribunal by both sides. Exhibits M1 to M7


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