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2017 Supreme(Del) 4407

C.HARI SHANKAR
Khubhi Ram – Appellant
Versus
Ashok Leyland Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Avadh Kaushik
For the Respondent: Mr. Arvind Kumar Gupta, Mr. Amit Mehta, Mr. Prashant Bhardwaj

JUDGMENT :

1. These proceedings emanate from reference No.F.24 (1144)/93-LAB, whereby and whereunder the Government of National Capital Territory of Delhi, through the Secretary (Labour), referred an industrial dispute, raised by the petitioner, for adjudication to the learned Labour Court (II), Karkardooma. The contention of the petitioner was that, though he had served the respondent, as dispatch clerk, satisfactorily from 24th November 1986 to 20th August 1992, his services were abruptly terminated on 20th August 1992, without complying with the mandate of Section 25F of the Industrial Disputes Act, 1947 (hereinafter referred to as “the Act”). He contended that, though he had visited the office of the respondent till 30th August 1992, he was not permitted to work, thereby compelling him to raise the aforementioned industrial dispute.

2. The term of reference as drawn up by the Government while referring the aforementioned industrial dispute for adjudication to the learned Labour Court read thus:

“Whether the services of Shri Khubhi Ram have been terminated by the management illegally and/or unjustifiably and if so, to what relief is he entitled and what direction are necessary in t
































































































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