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2005 Supreme(All) 1739

VINEET SARAN
Devyani Beverages Ltd. – Appellant
Versus
Labour Court II, Deputy Labour Commissioner and Devendra Singh – Respondent


Advocates:
BUSHRA MARYAM, SHAKTI SWARUP NIGAM,

VINEET SARAN, J.

( 1 ) A dispute between the respondent No. 3-Devendra Singh (workman) and the petitioner M/s devyani Beverages Limited (employer) was referred to the Labour Court which was to the effect that whether the termination of the workman from the post of Checker by order dated 10. 12. 1997 was in accordance with law or not; and if not, to what relief would the workman be entitled to. Proceedings before the Labour Court had commenced and a perusal of the order-sheet (Annexure-1 to the writ petition) show that on service of notice to the employer (petitioner), a written statement was filed by them on 1. 10. 1999; which was taken on record. Since the workman did not appear, by the same order, after taking service of notice on the workman to be sufficient, it was directed that the right of the workman to file his written statement was forfeited. Thereafter, since there was no Presiding Officer posted in the Labour Court for more than two years, the matter was adjourned from time to time. After the new Presiding Officer joined, the workman filed his written statement on 23. 7. 2002. Fresh notice to the employer was issued by the Labour Court on 2. 8. 2002, which was returned b


















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