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2021 Supreme(All) 960

VIVEK CHAUDHARY
General Manager Telecom Thru Sub Div. Engineer BSNL Lko – Appellant
Versus
Vishram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rajeev Kumar Sinha
For the Respondent: P.R Gupta, Jai Priya Swapnil, Pushpila Bisht

JUDGMENT :

1. Present writ petition is filed by the petitioner employer challenging the award of the Central Government Industrial Tribunal Cum Labour Court, Lucknow dated 13.06.2017 published on 31.07.2017. By the said award the Tribunal has decided the reference in favour of the respondent workman. The award is passed on the following reference:-

    "WHETHER THE DEMAND OF THE NORTHERN RAILWAY EMPLOYEES UNION FROM THE MANAGEMENT OF GENERAL MANAGER, TELECOM, BSNL, LUCKNOW FOR REGULARIZATION OF SERVICES OF SRI VISHRAM S/O SRI DINANATH FROM THE YEARS 1992-93, IS LEGAL AND JUSTIFIED?' WHAT RELIEF THE WORKMAN IS ENTITLED TO?'

2. I have heard counsels for parties and perused the record with their assistance.

3. Learned counsel for the petitioner employer submits that the Tribunal could not have directed for regularization of services of the respondent workman as the respondent workman has no right to claim regularization in view of the judgment passed in case of 'Secretary, State of Karnataka and Others Vs. Uma Devi and Others'; reported in [(2004) 4 SCC 1]. He further submits that even otherwise it is beyond the jurisdiction of Industrial Tribunal to give an award with regard to regularizati

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