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1997 Supreme(All) 398

D. P. MOHAPATRA, R. A. SHARMA
Oriental Bank Of Commerce – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared
Krishna Mohan

JUDGMENT

D. P.  MOHAPATRA, C.J.

(1.) ALL these appeals Involve similar questions of fact and law. Therefore, with consent of learned counsel for parties, they were taken up together.

(2.) AT the commencement of hearing of the cases, Shri Shashi Kanta Gupta, learned counsel for respondents, raised a preliminary objection against maintainability of the appeals, which have been filed under Rule 5 of Chapter VIII of the Allahabad High Court Rules. Elucidating the point, Sri Gupta submitted that in the writ petitions the appellant Oriental Bank of Commerce had challenged the award of the Central Industrial Tribunal, Kanpur, holding the termination of services of respondents-workmen as illegal and Invalid and directing their reinstatement. The learned single Judge by the judgment rendered on 27.1.1997 confirmed the award of the Central Industrial Tribunal and dismissed the writ petitions. According to Shri Gupta, no appeal is maintainable against the judgment of the learned single Judge under the provisions of Rule 5 of Chapter VIII of the High Court Rules, inasmuch as the award, which has been rendered under the Industrial Disputes Act, 1947, falls within Entries 22, 23 and 24 of List II








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