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2005 Supreme(All) 269

V.C.MISRA
Union of India (UOI) – Appellant
Versus
Ram Kripal Singh – Respondent


Advocates:
AMIT STHALEKAR, B.B.Paul, C.B.Gupta, G.P.Agarwal, J.N.TIWARI, Lalji Sinha, S.K.JASWAL,

V. C. MISRA, J.

( 1 ) SRI Lalji Sinha and Sri Amit Sthalker learned Counsel for the petitioners, and Sri. J. N. Tiwari senior Advocate, assisted by Sri C. B. Gupta, Advocate, are present.

( 2 ) THE above said writ petitions arise out of common order dated 28. 7. 1997 (Annexure-17 to the writ petition) passed by the Labour Court-respondent No. 6 allowing the applications of respondents-workmen 1 to 5 Ram Kripal Singh, Smt. Munni Devi, Sadanand, Sheo Charan Lal and Shamsher Singh who had filed their separate applications under Section 33-C (2) of the industrial Disputes Act, 1947 (Central) hereinafter referred to as the Act, which were numbered as Misc. Case Nos. 12/91, 13/91, 14/91, 15/91 and 16/91, all the said Misc. cases were clubbed together and decided with Misc. Case No. 12/91 as the leading case.

( 3 ) THE facts of the case in brief are that the respondents-workmen 1 to 5 were Assistant Diesel driver in the Railways and had been reverted to the post of Fireman Grade-C vide order dated 22. 6. 1971 issued by the Railway Administration and in their place persons junior to them; akhtar Ali, Nathu, Munna Khan, Murli Rai and Hargyan Ram who were Fireman Grade-A were promoted to the










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