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2023 Supreme(Jhk) 1131

SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
A. K. Sharma, s/o late Jamuna Prasad Sharma – Appellant
Versus
Tata Steel Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Pradyumna Poddar, Adv.
For the Respondent: Mr. Manish Mishra, Adv.

JUDGMENT :

Anubha Rawat Choudhary, J.

1. This appeal has been filed against the judgment dated 18th December 2020 passed in W.P(L) No.2121 of 2008 whereby the Notification dated 21st June 2007 referring the dispute in connection with the dismissal of the appellant-workman for adjudication to the Labour Court at Jamshedpur has been quashed. The learned writ Court has held that the reference was made at a belated stage without a justifiable explanation for the delay and, accordingly, the Government had no jurisdiction or power to make reference of a non-existing dispute for adjudication.

2. Admittedly, the appellant-workman (hereinafter referred to as the workman) was dismissed from the employment of the writ petitioner Management (hereinafter referred to as the Management) vide order dated 25.01.1996. Vide Notification of Reference dated 21st June 2007 the following dispute was referred for adjudication:

    “Whether the dismissal of the workman Sri A.K. Sharma, Ex.P. No.100218 by the management of M/s Tisco Ltd. (Now Tata Steel Ltd.), Jamshedpur is justified? If not, then what relief h

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