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2018 Supreme(Raj) 2260

ASHOK KUMAR GAUR
Management M/s. Cimmco Birla Limited – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Ms. Anita Agarwal, Adv., for the Petitioner; Mr. S.K. Singodia and Mr. Anshul Sharma, Advs., for the Respondents

JUDGMENT

Ashok Kumar Gaur, J. - The instant petition has been filed by the petitioner-employer challenging award dt 25.5.1995 (Annex.42) passed by the Labour Court, Bharatpur. The petitioner has also challenged the corrigendum dt. 14.4.1980 (Annex. 3), whereby the Government had amended the terms of reference in the original reference dt. 11.1.1979, raised u/Sec. 10 of the Industrial Disputes Act, 1947 (in short "the ID Act").

2. The Labour Court, Bharatpur in its award dt. 25.5.1995 has rejected the claim of 20 workmen namely Veerbal, Shivcharan, Laxman, Bihari, Mahaveer, Vijay, Kishan Singh, Radha Kishan, Khilkiya, Bishan, Golo, Vinay Singh, Guthro S/o Amar Singh, Bhagwan Singh, Pooran, Phaguni, Dharam Singh, Man Singh, Shankar, Madan & Nekram.

3. The claim in respect of 12 workmen namely Bhagwan Singh, Shibbo, Ramjilal, Tej Singh, Tota Ram, Bhim Singh, Lachman, Motiram, Man Singh, Jhamman, Deen Dayal & Baney Singh has been allowed and termination of their service has been found in violation of Sec. 25F of the ID Act.

4. The brief facts of the case are that the State Government in exercise of its power u/Sec. 10 of the ID Act vide order dt. 11. 1.1979 made a reference to the Labou

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