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2003 Supreme(Del) 994

MUKUL MUDGAL
UNION OF INDIA – Appellant
Versus
KAMLESHWAR DUBEY – Respondent


Advocates Appeared:
Daljinder Singh, V.S.R.KRISHNA

MUKUL MUDGAL J.

( 1 )

( 2 ) WITH the consent of the learned counsel for the parties, the matter is taken up for final hearing.

( 3 ) THIS writ petition challenges the award dated 23rd January, 2001 passed by the Industrial Tribunal which allowed an application filed by the respondent under Section 33 (C) (2) of the Industrial Disputes Act (hereinafter referred to as the Act) for fully implementing the decree dated 13th October, 1981 passed in the Civil Suit No. 233/1975 filed by the respondent.

( 4 ) THE conduct of the case shows shows that the petitioner, Union of India through Divisional Railway Manager, Northern Railway, Firozepur has resisted and delayed by their obstructionist tactics the compliance of the orders of various courts. There have been several rounds of litigations in this Court which demonstrate that the petitioner has been obdurately and unfairly resisting the claim of the respondent No. 1. In 1981, a civil suit filed by the respondent was decreed in the following terms by the Sub Judge, First Class, Delhi:

"in view of the above, I decreed the suit of the plaintiff to the effect that oral dismissal on 29th May, 1974 of the plaintiff is illegal, void and inoperativ








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