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1961 Supreme(All) 23

S.S.DHAVAN
L. H. SUGAR FACTORIES AND OIL MILLS (PRIVATE) LTD. – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
SHANTI BHUSHAN

S. S. DHAVAN, J.

( 1 ) THIS is a petition by the L. H. Sugar Factories and Oil Mills Limited, Pilibhit under Article 226 of the Constitution challenging the legality of an award made by the Labour Court Bareilly, holding that the petitioner company had wrongfully and unjustifiably deprived ten workmen of promotion to the post of driver-cum-assistant fitter and further declaring these workmen entitled to the same emoluments and increment in their salary and to the same terms of employment which had been given to eleven other workmen who had been preferred in the matter of promotion. All the ten workmen are respondents in the petition, the other respondents being the labour Court, Bareilly, the State of Uttar Pradesh and the Workmen of the company represented by the Pilibhit Sugar Mill Labour Union. The facts as alleged in the affidavit supporting the petition are related in the following paragraph. But I would like to make a few comments on this affidavit. It is sworn by a person of the name of Ram Gopal Agarwal who describes himself as a clerk in the employment of the company. He had verified the allegations as true to his personal knowledge, but this is hard to believe. If a perso







































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