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2021 Supreme(Jhk) 150

S.N.PATHAK
Management of M/s. Motors Limited – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Kamal Nayan Choubey, Mr. V.P. Singh, Mr. Amit Kumar Das, Mrs. Rashmi Kumar, Mr. Arun Kumar Singh.
For the Respondents: Mr. Ajit Kumar, Ms. Kumari Sugandha, Mr. O.P. Tiwari.

JUDGMENT :

S.N. PATHAK, J.

1. In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing and heard at length. Concerned lawyers have no objection with regard to the proceeding which has been held through Video Conferencing and there is no complaint in respect to audio and video clarity and quality and after hearing at length, the matter is being disposed of finally.

PRAYER

2. In the instant writ application prayer has been made for setting aside the Award dated 22.02.2012, passed by learned Presiding Officer, Labour Court, Jamshedpur in Ref. Case No. 03 of 1998, whereby the learned Court has held that the respondent No. 2 being the employee of the Petitioner Company, is entitled to get salary and other benefits at par with the other employees of the Petitioner Company.

FACTUAL MATRIX

3. The brief facts of the case as stated in the writ petition is that petitioner is a Company which is involved in the business of manufacturing and sale of automobiles at Jamshedpur (Jharkhand) and other places in the Country. The workmen employed in the petitioner-company have their exclusive registered and recognized Trade Union known as “TELCO Workers’ Union” which repres

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