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2016 Supreme(Ori) 565

SANJU PANDA, SUJIT NARAYAN PRASAD
HPCL, BBSR – Appellant
Versus
Government of India, Ministry of Labour, New Delhi – Respondent


Advocates Appeared:
For the Petitioner: M/s Nitish Ku. Mishra, A.K. Roy & A. Mishra
For the Opposite Parties :Additional Government Advocate

JUDGMENT :

S.N. Prasad, J.

This writ petition is against the order dated 2.11.2015 issued under the signature of the Under Secretary to Government of India, Ministry of Labour, New Delhi whereby and where under the central government in exercise of power conferred under clause (d) of sub-section (1) and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947 referred the dispute for adjudication to the Central Government Industrial Tribunal-cum-Labour Court, Bhubaneswar and the terms of reference is as follows:-

“Whether the disengagement of trained and experienced workmen Shri A.K. Satpathy, Shri H.K. Sahoo, Shri D.K. Samal & S.K. Mahapatra who had worked with HPCL from 2009 to 2014 continuously through different contractors for Aviation Operation in Bhubaneswar Airport is legal and/or justified? If not, what relief the workmen are entitled to ?”

2. Facts of the case in brief is that the petitioner is a company incorporated under the Companies Act and is a Government of India Undertaking falling under the administrative control of the Ministry of Petroleum and Natural Gas, New Delhi. The petitioner-company is engaged in refining of imported and indigenous crude oil, storag























































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