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2022 Supreme(Pat) 212

ASHUTOSH KUMAR, ANJANI KUMAR SHARAN
Mira Daruka, W/o Late Prem Kumar Daruka – Appellant
Versus
State of Bihar through the Secretary, Department of Labour, Bihar, Patna – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Nandlal Kumar Singh, Adv. Mr. Manish Kumar, Adv. Mr. Rajeev Nayan, Adv.
For the Workmen : Mr. Alok Kumar Sinha, Mr. Sushil Kumar Singh, Adv.
For the State : Mr. Rohitabh Das, Mr.Ajay Kumar Rastogi

JUDGMENT :

ASHUTOSH KUMAR, J.

A counter affidavit has been filed in L.P.A. No. 1291 of 2019 by Mr. Nandlal Kumar Singh, the learned Advocate for the respondents, in Court.

2. Let it be taken on record.

3. Heard the learned counsel for the parties.

4. The two Appeals, namely, L.P.A. Nos. 1128 of 2019 and 1291 of 2019 have been taken up together and are being disposed off by this common order.

5. The aforesaid Appeals are on behalf of the employer and the workmen respectively.

6. With respect to removal/retrenchment of seven of the workmen, there was a reference under Section 10(1)(c) of the Industrial Disputes Act, 1947 (in short,theI.D.Act,1947) for adjudication whether their termination was justified and if so, what relief could be granted to them.

7. On behalf of the workmen, it was contended before the Tribunal in Reference Case No. 1 of 1997 that they had joined the employer/Gas Agency between the year 1983 to 1993 and had remained in continuous service till 17.12.1994 when they were terminated, which letter of termination was found hung over the outer wall of the Gas Agency. It was their consistent case before the Tribunal that they had made complaints to the management for not being

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