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2016 Supreme(Chh) 120

SANJAY K.AGRAWAL
Simplex Castings Limited, Unit-I, Bhilai, through its Senior Manager, Personnel, Y. M. Dave, son of Late Shri Mukund Dave – Appellant
Versus
Pragatisheel Engineering Shramik Sangh – Respondent


Advocates Appeared:
For the Petitioner: Mr. Prashant Jaiswal, Mr. K.S. Khanuja, Mr. Himanshu Sinha, Mr. Ashutosh Shukla, Mr. Yashwant Shrivastava.
For the Respondent: Mr. Anup Mazumdar & Mr. Varun Sharma, Mr. Dhiraj Kumar Wankhede.

ORDER :

1. The instant writ petition has been preferred by the second party/employer namely Simplex Castings Limited against the part of the impugned award granting compensation of Rs. 20,000/- to the employee attached with Reference made by appropriate Government.

[For sake of convenience Pragatisheel Engineering Shramik Sangh herein will be referred as Workmen-Union-first party and Simplex Castings Limited will be referred as second party as their status before the Industrial Court.]

BRIEF FACTS AND TERMS OF REFERENCE

2. The present writ petition arises out of Reference Case No. 11/1996 referred by appropriate Government to the Industrial Court for adjudication and answered by impugned award dated 16.10.1999.

3. The aforesaid challenge has been made by the second party/employer questioning the legality, validity and correctness of the part of award on following factual back drop :-

3.1 The appropriate Government (erstwhile State of Madhya Pradesh) by reference order dated 26.02.1993 referred the following disputes for adjudication to the Industrial Court, Madhya Pradesh Bench at Raipur for adjudication, which state as under:-

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