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2009 Supreme(All) 607

TARUN AGARWALA
U. P. AVAS EVAM VIKAS PARISHAD – Appellant
Versus
MADHU SHANKER AGARWAL – Respondent


Advocates:
Counsel :
A.P. Srivastava for the Petitioner; P.K. Agarwal and Ms. Sumati Rani Gupta for the Respondent.

JUDGMENT

Hon’ble Tarun Agarwala, J.—This group of writ petitions arises between the petitioners and the workmen against an award and the consequential proceedings initiated pursuant to the said award. The facts leading to the filing of these petitions is necessarily required to be narrated for effective adjudication and final disposal of the controversy which is pending between the parties for the last more than two decades. For facility, Writ Petition No.13026 of 2006 is being taken as the leading case.

2. It transpires that on 1.11.1986 the workman was appointed on a temporary basis and his services was terminated on 1.4.1987. The workman, being aggrieved, raised a dispute which was referred to the Labour Court for adjudication. The Labour Court issued an ex parte order dated 1.9.1994 directing reinstatement with back wages. It transpires that the petitioners had appeared before the Labour Court and had filed the written statement but, at some stage of the adjudication proceedings, the representative of the petitioners made a statement that he had no instruction from the employers and, on that basis, the Labour Court proceeded and passed an ex parte award.

3. When the petitioners

































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