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2018 Supreme(HP) 1724

SANJAY KAROL, TARLOK SINGH CHAUHAN
Gujarat Steel Tubes Ltd. – Appellant
Versus
Gujarat Steel Tubes – Respondent


Advocates Appeared:
Ms. Jyotsna Rewal Dua, Senior Advocate as Amicus Curiae with Mr. Tijender Singh, Advocate, for the Petitioner; Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Mr. Adarsh Kumar Sharma, Ms. Rita Goswami, Advocates, Mr. Nand Lal Thakur, Addl. A.Gs. with Mr. J.K. Verma, Advocate and Ms. Svaneel Jaswal, Dy. A.G, for the Respondent Nos. 1 and 2; Mr. N.K. Sood, Senior Advocate with Mr. Aman Sood, Advocate, for the Respondent No. 3; Ms. Ritu Raj Sharma, Advocate, for the Respondent No. 4; Mr. Pranay Pratap Singh and Mr. Rakesh Sharma, Advocates, for the HPRIDC

JUDGMENT

1. In compliance to the directions passed by this Court on 2.2.2018, respondent No. 3 has filed the status report wherein the details of the progress of the work, from time to time, has been set-out. Apart from that, it has also been mentioned that the excavation activities in Package-I has since been nearing completion and on 23.2.2018 hardly about 200 meters of excavation activity spreading in four different locations was to be executed, therefore, the Mechanical/technical staff and also the drivers/operators, supervisors engaged by respondent No. 3 - Company numbering 40 were disengaged by paying all the dues including salaries as also one month advance salary in lieu of notice period alongwith gratuity etc. by remitting the same to their respective bank accounts.

2. However, to the utter surprise of respondent No. 2, these 40 persons ever since the date of their disengagement have indulged in illegal and unlawful activity of Dharna, Gheraoing etc. and are repeatedly and continuously gathering and assembling at Camp Site at Chhaila, the location where the different activities of the balance unexecuted work are being undertaken and are further indulging in slogan shouting

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