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2002 Supreme(All) 263

ANJANI KUMAR
PRATHMA BANK – Appellant
Versus
PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, – Respondent


Advocates Appeared:
H.P.Mishra, P.K.Singhal, U.N.Sharma

ANJANI KUMAR, J.

( 1 ) WITH the consent of learned counsel for the parties, instead of the stay vacation application in the writ petition is itself being heard for admission and disposed of finally.

( 2 ) PETITIONER-EMPLOYER filed this writ petition under Article 226 of the Constitution of India challenging the award given by the Central Government Industrial Tribunal-cum-Labour Court in Industrial Dispute Case No. 39 of 1993 dated 3. 3. 1997. published on 17. 3. 1997/25. 3. 1997. The labour court arrived at the finding that the termination of the services of respondent-workman w. e. f. 22. 4. 1988 without complying with the provision of Section 25f of the Act is bad in law and the workman is entitled for reinstatement but so far as the back wages are concerned, the Industrial Tribunal-cum-Labour Court has awarded the wages only from the date of reference, i. e. , 7. 4. 1993.

( 3 ) IT is this part of the award, which is challenged by the employer, inter alia, on the ground that in paragraph 7 of the award, the date of engagement in the second spell, i. e. , 23. 7. 1989, i. e. . date of termination 22. 4. 1988, is not disputed by either side. The Industrial Tribunal-cum-Labour court






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