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2002 Supreme(P&H) 546

SWATANTER KUMAR, MEHTAB S.GILL
Gohana Co-operative Marketing-cum-processing Society Limited – Appellant
Versus
Presiding Officer, Industrial Tribunal-cum-labour Court – Respondent


Judgment

SWATANTER KUMAR, J.

1. We had heard the learned counsel for the petitioner at some length. Challenge in this petition under Article 226 of the Constitution of India is to the order, dated March 20, 2001, annexure PI to the petition, vide which the learned Presiding Officer, Industrial tribunal-cum-Labour Court, Panipat, dismissed an application filed by the management for disposing of the reference on the basis of principles of res judicata.

2. The contention of the management before the Labour Court was that the workman had earlier filed a suit challenging termination of his services in the Civil Court. The learned special Judge, GOHANA, vide judgment and decree, dated May 27, 1991, passed in Civil suit No.22 of 1988 held that there was no illegality committed by the management in terminating the services of the workman. It also held that the civil Court had no jurisdiction and decided the said issue in favour of the defendant in the suit. This judgment and decree was challenged by the workman in appeal. The learned Additional District Judge, Sonepat, vide judgment and decree, dated January 13, 1995, dismissed the appeal maintaining the findings recorded by the learned tri







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