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2022 Supreme(Raj) 691

MANINDRA MOHAN SHRIVASTAVA, FARJAND ALI
Rajesh Koolwal, Upadhyaksh (Work) – Appellant
Versus
Shankar Lal Sharma S/o Late Shri Jwalaram Ji Sharma – Respondent


JUDGMENT :

Manindra Mohan Shrivastava, J.

This intra court appeal is directed against order dated 30.10.2018 passed by the learned Singe Judge, by which respondent’s writ petition has been allowed, setting aside orders dated 29.08.2012 and 14.09.2012 passed by the Industrial Tribunal, Jaipur (hereinafter referred to as ‘the Industrial Tribunal’) in the matter of challenge to termination order dated 08.04.1992 passed against respondent No.1-workman by the appellant-employer. Respondent-writ petitioner has been held entitled to get his pay allowance treating him as permanent employee of the appellants in terms of earlier award passed in his favour. He has also been held entitled to receive retiral benefits as per the provisions of law on attaining superannuation. Learned Single Judge has also directed that arrears shall be computed and released within stipulated period.

2. The factual matrix and the genesis of the dispute between the parties giving rise to the present appeal has a checkered history which comprises of two different disciplinary proceedings drawn by the appellant-employer against respondent No. 1workman. Respondent No. 1-workman was engaged as unskilled worker with the co

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