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1993 Supreme(Cal) 346

SUSANTA CHATTERJI, NISITH KUMAR BATABYAL
EXECUTIVE ENGINEER, ELECTRICITY DEPT. , RURAL DIVISION – Appellant
Versus
SHRI CHANDRAIAH AND 273 WORKMEN (REPRESENTED BY BIJILI KAMGAR UNION) – Respondent


Advocates Appeared:
A.K.RAY, A.S.Roy, B.SHIVASARUP

SUSANTA CHATTERJEE, J.

( 1 ) THE present application under Article 227 of the Constitution of India at the instance of the applicant challenges the Award dated May 31, 1991 of the Industrial Tribunal, Port Blair pursuant to the reference dated April 25, 1990 under Section 12 (5) of the Industrial Disputes Act, 1947, since made by the Lt. Governor (Administrator ). Andaman and Nicobar Islands for adjudication of the dispute;"whether the action of the Executive Engineer, Electricity Department, Rural Division, Rangat in retrenching 273 workmen with effect from April 1, 1989 is legal and justified, and if not, to what relief, are the concerned workmen entitled?"

( 2 ) THE Presiding Officer considered three issues: (1) Is the reference maintainable? (2) Were the workmen retrenched as stated by the first party? If so, was the retrenchment with effect from April 1, 1989 legal and justified? (3) To what relief, if" any, are the first party workmen entitled?

( 3 ) ASSIGNING the reasons the Presiding Officer has held that the retrenchment of the workmen with effect from April 1, 1989 is to be declared illegal, unjustified and void. He has held, inter alia, that the workmen numbering 273 ca











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