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2023 Supreme(Del) 4954

GAURANG KANTH
Divisional Engineer Telecom – Appellant
Versus
Munshi Prasad – Respondent


Advocates appeared:
Mr. Ankur Mittal and Mr. Raushal Kumar, Advocates, for the Petitioners in W.P.(C) 7494/2008, CM APPL. 532/2014 & 2364/2014 and W.P.(C) 7596/2008, CM APPL. 255/2014 & 3213/2014.
Mr. Jasbir Singh Malik, Advocate, for the Respondents in W.P.(C) 7494/2008, CM APPL. 532/2014 & 2364/2014 and W.P.(C) 7596/2008, CM APPL. 255/2014 & 3213/2014.

JUDGMENT

Gaurang Kanth, J.

1. The present Writ Petition emanates from the common judgment dated 22.07.2008 ("Impugned Award"), passed by the Government of India, Ministry of Labour & Employment, CGIT-cum-Labour Court-II, Rajendra Bhawan, Rajendra Place, New Delhi ("Labour Court"), in I.D. Nos. 117/1991 & 86/1991 titled as Shri Munshi Prasad & others v. The Divisional Engineer, Telecom, Railway Electrification Project. Vide the Impugned Award, the learned Labour Court allowed the petition filed by the Respondents and held as follows:

    "The action of management of DET (RE), New Delhi was not justified in terminating the services of S/Sh. Munshi Prasad, Mohan Lal, Ganesh Kumar, Ram Sagar, Badri Prasad, Mewa Lal, Shanshyam Sharma, Gajanand Dwarikalal, Suresh Prasad, Lalendra Kumar and Shatrughan and also not preparing correct seniority. The management should give temporary status to these workmen w.e.f. the date of termination of their services. The management should reinstate the workmen along with 25% backwages w.e.f the date of retrenchment within two months from the date of the publication of the award.

    The action of the management of DET (RE), New Delhi in terminating the services of

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