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1996 Supreme(P&H) 1345

G.S.SINGHVI, M.L.SINGHAL
Thomson Press (India) Ltd. – Appellant
Versus
Presiding Officer Industrial Tribunal-cum-labour Court-i – Respondent


Judgment

G.S.Singhvi, J.

1. Three questions of law arise in these writ petitions filed by the employer as well as the employee against the award dated 8.11.1994 passed by the Industrial Tribunal-cum-Labour Court-I, Faridabad. First of these questions is whether it is imperative for the State Government to hear the employer before making reference of an industrial dispute after it had refused to make reference of the dispute on an earlier occasion ? Second question is whether the Industrial Tribunal-cum-Labour Court had the jurisdiction to go into the legality of the dismissal of the workman even after recording the finding that the reference made by the Government is bad in law ? Third question which calls for adjudication by this Court is whether the Industrial Tribunal could award compensation to the workman even after holding that the decision of the employer to dismiss the workman is proper ?

2. In order to decide "the aforementioned questions, it is necessary to give a factual background of the case. The workman, Kanhiya Singh, joined the employment of M/s Thomson Press (India) Limited Faridabad on 18.3.1968. On the date of removal from service i.e. 2.12.1985, he was working as























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