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1997 Supreme(J&K) 222

SYED BASHIR-UD-DIN
Ex. Engineer, Electric Maintenance And Rural Electrification Division, Bijbehara – Appellant
Versus
Ab. Majid Wani – Respondent


Advocates Appeared:
Advocate For Appellant: Muzaffar Hussain Attar
Advocate For Respondent: M.Y. Bhat

1. The respondents Abdul Majid Wani and Mustaq Ahmad Malik Daily wagers in the Electric Maintenance and Rural Electrification Division Bijbehara, were disengaged from the service vide petitioners order dated 18-12-1987. The respondents raised a dispute and questioned their disengagement as daily wagers. The Government referred the dispute to the Industrial Tribunal (Labour Court) under Section 10 of the Industrial Disputes Act, 1947. The Industrial Tribunal/ Labour Court vide its judgment award dated 8-12-1989 held the order of disengagement of the respondents as bad and illegal, after setting aside the order. Respondents were deemed to be in continuous service with the petitioner from the date of their initial engagement. Their reinstatement with back wages and other benefits was also directed. The reference was accordingly answered.

2. The Respondents thereafter filed a writ petition 1061/93 in the High Court for implementation of the Award as published in the Government Gazette on 26-4-1990. The Honble High Court vide its order dated 28-06-1993 directed the respondents to consider the representation, if any made, by the writ petitioners before the respondents, within 90 days.

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