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2007 Supreme(Chh) 97

SATISH K.AGNIHOTRI
DIRECTOR, KEYSTONE INDUSTRIES LTD. – Appellant
Versus
LABOUR COURT CONSTITUTED UNDER THE INDUSTRIAL DISPUTES ACT, DURG – Respondent


Advocates appeared:
Shri Rajeev Shrivastava with Shri Indrasen Sahu, Advocates, for the Petitioners.
Smt. Sudha Bhardwaj, Advocate, for the Respondent No.2.

ORDER

1. This petition filed under Articles 226/227 of the Constitution of India challenges the validity of the award dated 06.08.2004, passed by the Labour Court under Industrial Disputes Act, Durg, in case No. 15/I.D Act/Reference/ 1999.

2. The facts in nutshell are that petitioner No.1 is a Director of Keystone Industries Ltd. and Petitioner No.2 is a Private Limited Company, styled as Vishnu Chemicals Pvt. Ltd., a transferee of the industrial establishment owned by petitioner No.1. Respondent No.2 raised a dispute before the Deputy Labour Commissioner, Chhattisgarh Region, Raipur. The said dispute was referred to the Labour Court/respondent No.1 for adjudication on the following reference:

"Whether the removal of Udayshyam and three others is just and legal, if not, what relief they are entitled to and what direction can be passed to the employer."

3. Respondent No.2 filed a statement of claim (Annexure-P/2) before the Labour Court stating therein that the workers namely Udayshyam and three others were employed by petitioner No.1 and petitioner No.2 was the agent of petitioner No.1. Petitioner No.1 had closed his industrial establishment illegally in October, 1998. The said est






































































































































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