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2004 Supreme(All) 2465

RAKESH TIWARI
Kanpur Electricity Supply Company – Appellant
Versus
Presiding Officer, Industrial Tribunal IIIrd – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ranjit Saxena and Arvind Kumar
For the Respondent: S.C. Shukla, S.C.

JUDGMENT :

RAKESH TIWARI, J.

1. Heard counsel for the parties and perused the record.

2. These are the five writ petitions challenging the award of the labour court in which common question of law and facts are involved hence are being decided by a common judgment in Civil Misc. Writ Petition No. 53647 of 2000.

3. The Kanpur Electricity Supply Administration was constituted under the U.P. Transfer of K.E.S.A. Zone Electricity District Undertaking Scheme, 2000. It is incorporated under the Companies Act, 1956 and is hereinafter called K.E.S.A. The respondents workmen raised an industrial dispute on 10.12.1991, regarding termination of their services from dates mentioned in order of reference. The State made reference of the dispute to Industrial Tribunal-IIIrd, U. P. Kanpur, where it was registered as Adjudication Case No. 305 of 1991. The dispute referred is as under :

"Kya sevayojkon dwara sanlagn parishishtha mey ankit 28 chhatnishuda coolie shramikon ko punah seva mey na liya jana anuchit avam avaidhanik hai? Yadi hai, to sambandhit shramik kya hitlabh/ upsham paney ke adhikari h











































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