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2023 Supreme(J&K) 270

RAJNESH OSWAL, MOHAN LAL
India Tourism Development Corporation Limited – Appellant
Versus
Fayaz Ahmad Sheikh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr Jahangir Iqbal Ganai, Senior Advocate with Mr Omais Kawoos, Advocate.
For the Respondent:Mr Mohammad Iqbal Dar, Advocate with Mr Mohammad Yawar, Advocate.

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,

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