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2006 Supreme(Chh) 19

S.R.NAYAK
MUNICIPAL CORPORATION – Appellant
Versus
MOHAMMED FAROOKH – Respondent


S. R. NAYAK, C. J.

( 1 ) MUNICIPAL Corporation, Bilaspur was the employer of first respondent. The first respondent was removed from service w. e. f. 10-1-2000 on the ground that there was no need for his services. Being aggrieved by the above action of the petitioner-Municipal Corporation, the first respondent initiated conciliation proceedings ultimately resulting in the failure report. In the circumstance, the State Government referred the dispute to the Labour Court, Bilaspur for adjudication.

( 2 ) THE Labour Court, Bilaspur having conducted the enquiry and recording a finding that the removal of the first respondent from service tantamounted to retrenchment and the action of the petitioner - Municipal Corporation was in utter violation of mandatory provisions of Section 25-G of the Industrial Disputes Act, 1947 (for short "the Act") answered the reference in favour of the first respondent and directed reinstatement of the first respondent into service with continuity of services and full back wages, by its award dated 16-11-2004. Hence, this writ petition by the aggrieved Municipal Corporation of Bilaspur.

( 3 ) HEARD learned Counsel for the parties and perused the impugned a



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