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2002 Supreme(Raj) 67

B.S.CHAUHAN
Suresh Chandra – Appellant
Versus
General Manager Raj. State Bridge & Construction Corporation – Respondent


Advocates Appeared:
H.S. Sidhu, for Workman Vinay Jain, for Employer

Honble CHAUHAN, J.–Both these writ petitions have been filed against the same impugned award dated 25.4.2000 made by the Labour Court, Udaipur. The workman has filed it on the ground that the Labour Court ought to have reinstated him instead of granting compensation in lieu of reinstatement. The other petition has been filed by the employer on the ground that the award is nullity for want of jurisdiction and even the findings of facts recorded by the Labour Court are perverse, hence it is liable to be quashed.

(2). The facts and circumstances giving rise to these cases are that the workman raised an industrial dispute that he had worked from 26.9.1979 to 28.2.1987 continuously with the employer and his services stood terminated w.e.f. 1.3.1987 without complying with the provisions of the Industrial Disputes Act, 1947 (for short, ``the Act). The Appropriate Government made a reference, vide order dated 29.7.1995, to the Labour Court as to whether the termination of services of workman Suresh Chandra w.e.f. 1.3.1989 was justified and if not, to what relief he was entitled for. In view of the reference, the workman filed the claim that he had worked from 26.9.1979 till 28.2.1987 and hi

















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