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2023 Supreme(Del) 4584

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Unitas Foods Pvt. Ltd. – Appellant
Versus
Gyanender – Respondent


Advocates appeared:
Ms. Ritika Jhanji & Mr. Imran Moulaey, Advocates, for the Appellant.
Mr. Pran Krishna Jana, Advocate, for the Respondent No.1.

JUDGMENT (Oral)

1. Vide the present appeal, the Appellant seeks to challenge the Order dated 27.07.2022, passed by the learned Single Judge in CM. APPL. 19550/2022 in W.P.(C) 12520/2021, allowing the application filed by the workmen/Respondent herein under Section 17B of the Industrial Disputes Act.

2. Shorn of details, the facts leading to the present appeal are as under:

    a. It is stated that the workmen/Respondent No.1 herein joined the services of the Appellant herein on 01.10.2008 as an Executive Sale Purchase/Field worker. No letter of appointment was issued by the Appellant to the workmen/Respondent.

    b. It is stated that the services of the workmen/Respondent No.1 herein were terminated on 21.02.2015 and the last drawn salary of the workmen/Respondent No.1 herein was Rs.12,500/-.

    c. It is stated that the workman challenged the order of termination before the Labour Court contending that the management of the Appellant/Company has illegally terminated his services. The workman had sought for his reinstatement with full back wages along with continuity of service along with all other consequential benefits. The learned Labour Court passed and Award dated 13.01.2020 in favour of

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