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2004 Supreme(All) 2177

ANJANI KUMAR
Surendra Prasad Dwivedi – Appellant
Versus
Industrial Tribunal – Respondent


Advocates Appeared:
A.K.MISHRA, D.N.Mishra, P.K.MUKHERJEE, SHYAM NARAIN,

ANJANI KUMAR, J.

( 1 ) THIS writ petition under Article 226 of the Constitution of India was decided by this Court vide its judgment and order dated 31st August, 2001, whereby this Court allowed the writ petition filed by the petitioner and quashed the award of the Labour Court dated 20th May, 1992.

( 2 ) THE employer-respondent No. 2 in the present writ petition, aggrieved by the order passed by this Court, preferred a Review Application No. 84200 of 2001. This Court after hearing learned counsel appearing on behalf of the parties vide its judgment and order dated 22nd April, 2002 rejected the aforesaid application.

( 3 ) THE employer-respondent No. 2 aggrieved by the order passed by this Court, filed a Special leave Petition (Civil) Nos. 21145-21146 of 2002 before the Supreme Court. The Supreme Court was pleased to grant leave and decided the Civil Appeal Nos. 7028-7029 of 2003 vide its judgment dated 1st September, 2003. The Supreme Court directed the matter to be decided afresh by this Court, the relevant portion of the order dated 1st September, 2003 is quoted below:-" when the matter came up before the High Court under Article 226, the High Court appears to have assumed that





























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