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2015 Supreme(Del) 282

PRADEEP NANDRAJOG, PRATIBHA RANI
Hindustan Times Limited – Appellant
Versus
Aita Ram – Respondent


Advocate Appeared:
For the Appellant:Dr. Abhishek Manu Singhvi, Sandeep Sethi, Senior Advocates instructed by Darpan Wadhwa, Meghna Mishra, Nakul Sachdeva, Ritika Ahuja, Roshni Namboodiry, Advocates.
For the Respondent:Colin Gonsalves, Senior Advocate instructed by Sarvajeet Kumar Thakur, Advocate.

Judgment

Pratibha Rani, J.

1. Alleging that the services were illegally terminated on October 03, 2004, the workman of the appellant raised an industrial dispute which resulted in an award dated January 23, 2012 being passed directing reinstatement of the workman with further direction that such workman who had received the compensation under Section 25(FF) of the ID Act, 1947 would refund the same to the management. Since much turns on the final direction issued by the Industrial Tribunal, we note the exact language used by the Tribunal. In para 89 and 90 it was directed as under:-

“89. In view of above factual and legal position of law, workmen/claimants (except 43 workmen/claimants, who have settled their disputes u/s 18(1) of I.D. Act) are entitled to the relief of treating them in continuity of service under terms and conditions of service as before their alleged termination w.e.f. 3.10.04. They will not be entitled to any notice pay or compensation u/s 25FF of Industrial Disputes Act. The said notice pay or compensation, if any, received by them, will have to be refunded by them.

90. Hence, by way of relief, it is directed that management of M/s.Hindustan Times Ltd. will reinsta
















































































































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