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SANDEEP SHARMA
Cosmo Ferrites Ltd. – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the Appellant :Mr. Rahul Mahajan, Advocate.
For the Respondent:Mr. Rohit Sharma and Mr. Anuj Gupta, Advocates, Mr. Rupinder Singh Thakur, Additional Advocate General with Mr. Rajat Chauhan, Law Officer.

JUDGMENT :

Sandeep Sharma, J.

1. By way of present petition filed under Article 226/227 of the Constitution of India, the petitioner-Company has laid challenge to the award dated 30th June, 2010 passed by Labour Court-cum-Industrial Tribunal, Shimla, H.P. (for short 'Tribunal') in Ref. No. 93 of 2000, whereby the learned Tribunal below, while allowing the claim put forth on behalf of respondent-workman, has held him entitled for reinstatement in service with seniority and continuity along with full back wages from the date of his illegal termination i.e 19th January, 1999.

2. Documents available on record suggest that appropriate government made reference under Section 10(1) of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act') in the following terms :

"Whether the termination of services of Shri Om Prakash ex worker by the Management of M/s. Cosmo Ferrities Ltd. Parwanoo, District Solan, HP w.e.f. 19.1.1999, without compliance of section 25F of the Industrial Disputes Act, 1947 by holding the enquiry ex parte without affording the reasonable opportunity of being heard to the worker in consonance with the principles of fair-play and natural justice, is legal and j


















































































































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