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2023 Supreme(Jhk) 1035

ANIL KUMAR CHOUDHARY
Food Corporation of India – Appellant
Versus
Mohammad Shaukat Ali, S/o. Abdul Sattar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Nipun Bakshi, Mr. Shubham Sinha.
For the Respondents:Mr. Jai Prakash Jha, Sr. Advocate, Mr. Pawan Kr. Pathak.

JUDGMENT :

1. Heard the parties.

2. This Writ Petition has been filed under Articles 226 and 227 of the Constitution of India with the prayer for:-

    (a) issuance of a writ of, or in the nature of certiorari or any other appropriate writ or order or direction for setting aside the award dated 09.06.2014 passed by the learned Presiding Officer, Central Government Industrial Tribunal No.1, at Dhanbad, in Complaint Case No.11 of 2013, whereby it has been held that the respondent-workmen be treated as workmen in continuous service from the date of their dismissal and the action of the petitioner-management has been held to be illegal and not justified without examining the merits of the case and without considering that the respondents were proceeded against for major misconduct and were found guilty in a duly-constituted enquiry proceeding and

(b) For issuance of any other or further order or orders as may be considered to be necessary for doing conscionable justice to the petitioner.

3. At the outset, learned counsel for the petitioner submits that the petitioner does not want to enter into the merits of the said award dated 09.06.2014 and confines its argument only to the ground that admit

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