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2013 Supreme(All) 937

SIBGHAT ULLAH KHAN
Food Coroproation of India – Appellant
Versus
Sri J. S. Sirohi, Assistant Grade III (M) Food Corporation of India, Agra – Respondent


Advocates:
Sri S.N. Srivastava, Sri Amit Kumar, Sri G.C. Bhattacharya, Sri J. Nagar , Sri Satya Prakash, for the Appellant
Sri V.K. Saxena, Sri Ajay Yadav, Sri I.N. Singh, Sri Krishna Kumar, Sri N.D. Kesari, Sri P. Kumar , Sri P.P.S. Rathore, for the respondents.

Sibghat Ullah Khan, J.;—

Heard Sri Satya Prakash, learned counsel for the appellant. No one appeared on behalf of respondents even though the case was taken up in the revised list.

Orders passed on 22.12.2011 and 18.5.2012 on the order sheet are quoted below:

"22.12.2011

This Second Appeal was earlier allowed on 15.2.2010 without framing any substantial questions of law. The said judgment has been set aside on 18.4.2011 by the Supreme Court in Civil Appeal No.3331 of 2011 only on the ground that appeal had been allowed without framing substantial question of law.

Accordingly it is directed that the appeal shall be heard on the following substantial question of law:-

1.Whether Civil Court has got jurisdiction to decide the suit filed by a workman against his termination order regarding which he could also raise an industrial dispute under Industrial Disputes Act?

List for hearing on 10.1.2012."

"18.5.2012

This appeal was initially allowed without framing any substantial question of law. Thereafter Supreme Court after setting aside the said judgment of this court remanded the matter for deciding the appeal after framing substantial question of law. On 22.12.2011 I framed the following substan









































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