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2013 Supreme(Gau) 601

TINLIANTHANG VAIPHEI
Hindustan Paper Corporation Limited and Cachar Paper Mill, a unit of Hindustan Paper Corporation Limited – Appellant
Versus
Ranjit Kumar Deb and The Presiding Officer, Industrial Tribunal – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. J. Roy, Advocate
For Respondents/Defendant:Mr. N. Dhar, Advocate

JUDGMENT

Tinlianthang Vaiphei, J.

1. The legality of the Award dated 20-12-2005 passed by the Industrial Tribunal, Silchar in Reference Case No. 6 of 1995 directing the petitioner-Corporation to reinstate the respondent No. 1 to his former post with full back wages, is called into question in this writ petition. The petitioner is a Corporation and a Government of India Undertaking, having its registered office at South Tower (4th Floor) Scope Minar Complex, Laxmi Nagar District Centre, New Delhi. The Corporation set up two units in Assam, namely, Nagaon Paper Mill (NP),which started its production in 1985 and, the petitioner No. 2, namely, Cachar Paper Mill (CPM) which started production in 1988. The Corporation is engaged in the manufacture and sale of various varieties of paper and newsprints and a small quantity of caustic soda and chlorine. The respondent was the workman of the petitioner No. 2, who was appointed as unskilled worker on 1-3-1986 in lieu of the acquisition of the land of his father by the Corporation for establishment of the unit. According to the petitioner-Corporation, the respondent No. 1 became habitual unauthorized absentee from 4-4-1988 to 24-2-1989 i.e. for


































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