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2008 Supreme(Jhk) 12

M.KARPAGAVINAYAGAM, D.K.SINHA
Asit Baran Modak – Appellant
Versus
Presiding Officer, Labour Court Deoghar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Satish Bakshi.
For the Respondents: M/s Subhro Sanyal, Sunil Kumar Mahto

JUDGEMT

M Karpaga Vinayagam, CJ.-Asit Baran Modak the petitioner herein. claiming that he was working as a workman in the Deoghar Satsang, the respondent herein, on being aggrieved over his term nation, raised an industrial dispute, which was referred to the Labour Court Deoghar for adjudication. By the award dated 6.10.2001, the. Labour Court rejected the claim of the petitioner holding that it is not an industrial dispute as the respondent is not an industry as defined under the Industrial Disputes Act. Challenging the same, petitioner has filed this writ petition.

2. The terms of reference which was framed by the Labour Court is as follows:-

(i) Does Deoghar Satsang come under the definition of Industry as per the Industrial Disputes Act?

(ii) If yes, whether the termination of service of Shri Asit Baran Modak is justified?

(iii) If not, whether Shri Modak is entitled to reinstatement or compensation?

3. According to the petitioner, he was appointed as a Clerk in the year 1967 by Satsang and was dismissed from the service on 11.11.1990 without any reason.

4. According to the management, the respondent herein, the Satsang does not come within the definition of industry as per the Indust





































































































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