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2010 Supreme(Raj) 861

JAGDISH BHALLA, MOHAMMAD RAFIQ
Krishi Upaj Mandi Samiti, Dholpur through its Secretary – Appellant
Versus
Bangali Mal Sharma – Respondent


Advocates Appeared
P.K. Sharma & Shri Inderjeet Singh, for Appellants;
A.K. Sharma & Shri Shobhit Vyas, for Respondents

JUDGMENT

Hon'ble RAFIQ, J.—These three special appeals are directed against a common judgment dated 08.09.2005 delivered by learned Single Judge deciding two writ petitions filed by workman Bangali Mal Sharma.

2. Krishi Upaj Mandi Samiti, Dholpur (for short, 'the KUMS') has preferred first two special appeals against the judgment passed in both the writ petitions No.4321/97 and 637/2004, whereas Bangali Mal Sharma, dissatisfied with certain part of the judgment in his Writ Petition No.4321/1997, has also preferred special appeal claiming certain more benefits. They were heard together and are being decided by this common judgment.

3. Factual matrix of the case is that Bangali Mal Sharma (hereinafter shall be referred to as 'the writ petitioner') was appointed as L.D.C. in the KUMS, Dholpur, on 11.05.1967; he was made permanent on 01.11.1968; his services were terminated on 07.10.1972. An industrial dispute was raised at his instance and a reference with regard thereto was made to learned Labour Court, Jaipur for adjudication. The learned Labour Court, vide its award dated 20.09.1980, held that termination of the employee/writ petitioner was illegal and directed his reinstatement with












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