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2023 Supreme(Jhk) 309

SUJIT NARAYAN PRASAD
workmen represented by General Secretary – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Mantra Narayan Thakur, Advocate
For the Respondent:Mr. Manish Mishra, Mr. Varsha Ramsisaria, Mr. Parth Jalan, Advocate

JUDGMENT :

The instant writ petition is under Article 226 of the Constitution of India, wherein, the part of the award, by which, instead of reinstating the workmen in service with the consequential benefits, the compensation to the tune of Rs.12,000/-was awarded to the workmen, has been assailed.

2. The brief facts of the case, as per the pleading made in the writ petition, are required to be enumerated reads as under:-

It is the case of the writ petitioner that on 14.12.2002, the Govt. of Jharkhand, Dept. of Labour & Employment by its notification no.3063 referred the following disputes for adjudication:-

    “Whether the dismissal of four workers Sarv Shri Somra Munda, Shri Tulsi Oraon, Tejua Oraon and Daswan Oraon of M/s Agarwal Pipe Industries Pandra, Ranchi is justified? If not what relief they are entitled to”.

This reference was sent to the Labour Court, Ranchi where it was registered as Reference No.2 of 2003. The Union and the Management both appeared, filed their respective written statements and furnished their evidences also.

It is the further case of the writ petitioner-workmen that since the Management was not paying even the minimum wages to the workmen and on behalf of them

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