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2009 Supreme(P&H) 1757

K.KANNAN
Inde Enterprises Pvt. Ltd. Chandigarh - – Appellant
Versus
The Presiding Officer, Industrial Tribunal, Ambala And Another – Respondent


Judgment

K.Kannan, J.

1. I The subject of reference for adjudication and the respective contention of parties. 1. By the impugned award, the Labour Court answered the reference in favour of the `Workers union granting the relief of reinstatement with continuity of service and back wages to seven workmen belonging to the said Union. The reference was whether the claim by the workmen made in the general demand notice dated 7.7.2000 was justified or not and further whether the lock out dated 19.8.2000 was justified or not and if not, to what relief were they entitled. As regards the first subject of reference no evidence had been placed by the workmen relating to the demands in the notice dated 7.7.2000. The whole focus for consideration before the Labour Court was whether the lock out dated 18.8.2000 was justified or not. The specific contention made by the workmen in the claim statement was that the services of several workmen had been illegally terminated and the Management was indulging in illegal victimization of the workmen. The workmen had in the general body meeting decided on a strike and issued 14 days clear cut notice on 19.8.2000 informing the Management of their decision t













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