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1994 Supreme(P&H) 525

N.K.SODHI
Ballarpur Industries Ltd. – Appellant
Versus
Presiding Officer, Labour Court – Respondent


Judgment

1. What is challenged in this petition under Article 226 of the Constitution is the award of the Presiding Officer, Labour Court, Ambala whereby he directed the re-instatement of respondent No.2 with continuity of service but without back-wages.

2. Shri S. K. Grover (for short the workman) was employed on November 11, 1983 by the petitioner-Company as a Junior Officer Trainee at its Shree Gopal Unit at Yamuna Nagar on a probation for two years. It is alleged that he mis-conducted himself during the probationary period as a result whereof his services were terminated on April 9, 1986. This termination gave rise to an industrial dispute between the parties which was referred for adjudication to the Presiding Officer, Labour Court, Ambala under Sec.10 (1) of the Industrial Disputes Act, 1947 (hereinafter called the Act ). On receipt of the reference, the Labour Court issued the usual notices to the parties who appeared and filed their respective statements of claim. The management later moved an application for the amendment of its written statement with a view to plead the existence of a settlement dated January 18, 1985 between the petitioner-Company and its workmen which wa












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