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2006 Supreme(Del) 2144

SHIV NARAYAN DHINGRA
RAM JATAN TRIPATHI – Appellant
Versus
MANAGEMENT OF UNIVERSAL SECURITY AND DETECTIVE – Respondent


Advocates Appeared:
H.K.CHATURVEDI, J.R.Midha

( 1 ) BY this order, I shall dispose of writ petition filed by the petitioner challenging the validity of award dated 7th July, 2004 whereby the labour Court answered the reference against the workman. The following dispute was referred by the appropriate government for adjudication by the Labour court:"whether the services of Shri Ram Jatan Tripathi have been terminated illegally and/or unjustifiably and if so, to what relief is he entitled and what directions are necessary in this respect. "

( 2 ) THE Labour Court after appreciating the evidence and material placed before it came to the conclusion that the services of petitioner were not terminated illegally and it was the petitioner, who himself abandoned the services and did not turn up for duty.

( 3 ) THE petitioner has challenged the award and alleged that the labour Court transgressed its jurisdiction by considering whether the petitioner had abandoned the services or not. The dispute referred to the Labour Court was about illegality or legality of the termination, no dispute of abandonment of services was referred and in view of law laid down by the Supreme Court in The delhi Cloth and General Mills Company Limited v. The






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