RAJNESH OSWAL, MOHAN LAL
India Tourism Development Corporation Limited – Appellant
Versus
Fayaz Ahmad Sheikh – Respondent
JUDGMENT
Oswal, J.
1. The Respondents, after being retrenched by the Appellant-Corporation under Section 25-F of the Industrial Disputes Act, 1947 (for short ‘the Act of 1947’) on the ground of closure of the establishment, raised a dispute in terms of Section 2-A of the Act of 1947 before the Conciliation Officer (Deputy Labour Commissioner), Kashmir Division. As the conciliation efforts failed, the Conciliation Officer submitted a report to the then State Government (now Union Territory) under the Act of 1947, which resulted into a reference of the Government under SRO 244 dated 26th of July, 2004 to the Industrial Tribunal-cum-Labour Court, J&K, Srinagar (fort short ‘the Tribunal’). The learned Tribunal, after considering the rival contentions of the contesting parties, vide award dated 13th of June, 2016, directed the Appellant-Corporation to reinstate the Respondents with full back wages on revision basis, along with other consequential benefits with 9% interest on full back wages.
2. The Appellant-Corporation assailed the aforesaid award dated 13th of June, 2016 passed by the Tribunal through the medium of a Writ Petition bearing OWP No. 472/2017, wherein the learned Writ Court,
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.