V.V.S.RAO
Sirpur Paper Mills Ltd. , Kagaznagar, adilabad Dist. – Appellant
Versus
Chairman, Industrial tribunal-cum-Labour Court, Godavarikhani, Adilabad Dist. – Respondent
( 1 ) THIS writ petition by Sirpur paper Mills Limited raises an important question of law in the field of Industrial/labour jurisprudence. The question is as to the scope of Section 17-B of the Industrial disputes Act, 1947 ( the Act for brevity) with reference to an award which has been affirmed by the High Court in a proceedings under Article 226 of the constitution challenging such an award.
( 2 ) IN the present case, the petitioner is challenging an order passed by the industrial Tribunal dated 18-1-1995 in execution Petition No. 5 of 1993 in ID 284 of 1986. The facts insofar as they relate to the controversy that arise in this case are not disputed. These undisputed facts are as follows: the 2nd respondent while he was working as a Foreman was removed from service on some charges with effect from 26-5-1982. He raised an industrial dispute. The Government vide G. O. Rt. No. 252 dated 2-2-1985 referred the industrial dispute to the 1st respondent. In the said dispute, being ID 284 of 1986, an award was passed on 23-10-1986 directing the Management (hereafter the petitioner will be referred as management ) reinstating the 2nd respondent without backwages. The a
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