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2008 Supreme(Jhk) 652

D.G.R.PATNAIK, R.K.MERATHIA
Employers in relation to the Management of Food Corporation of India – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared
For the Appellant(s) : M/s Satish Bakshi, M.A. Khan.
For the Union of India Dr. J.P. Gupta. M/s M.M. Pal, M. Palit.
For the Respondent-:

Judgment

D.G.R. Patnaik, J.-Both these Letters Patent Appeal filed by the appellant Food Corporation of India are directed against a common judgment dated 19.5.2005 passed by a learned Single Judge in CWJC No. 5857 of 1997 and CWJC No. 4497 of 1997 whereby both the writ petitions filed by the Management/ appellant herein against the Awards of the Industrial Tribunal No. 1 in favour of the respondent-workmen in Reference Case No. 96 of 1992 and Reference Case No. 108 of 1992 respectively, were dismissed.

2. The case of the workman in CWJC No. 5857 of 1997 relating to Reference Case No. 96 of 1992, is that he was employed as a casual typist in the district office of the Food Corporation of India on 5.9.1986 and worked there till 27.7.1990. But from 28.7.1990 he was stopped by the Management from working. He was paid wages up to 15.5.1990 and thereafter no payment was made to him and on the contrary, his name was struck-off from the Rolls from 15.5.1990. His assertion was that he had worked for more than 240 days during 12 calendar months and yet without issuance of notice or payment of retrenchment compensation as provided under Section 25F of the Industrial Disputes Act, 1947, he wa




























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