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2020 Supreme(MP) 206

SUJOY PAUL
The Regional Manager : Anurag Sharma – Appellant
Versus
Anurag Sharma : Union Of India And Others. – Respondent


Advocates Appeared:
Shri Anoop Nair Advocate, for the Employer; Shri Jitendra Kumar Sharma, Advocate, for the Employee

JUDGMENT

1. This order will dispose of WP No.2572/2017 and WP No.12015/2017. Both the matters were heard analogously on the joint request of the parties. Since both the matters are arising out of an industrial dispute referred by appropriate government, in the fitness of things, these matters are decided by this common order.

2 . The challenge in this petition filed under Article 227 of the Constitution is mounted on the award of Central Government Industrial Tribunal-cum-Labour, Jabalpur ( Tribunal ) dated 29.03.2016 whereby industrial dispute referred by appropriate government is answered by the Tribunal in favour of the respondent workman. Reference reads as under:

    'Whether the action of the management of Regional Manager, Bhopal, New India Assurance Co. Ltd. In terminating Shri Anurag Sharma w.e.f. 26.11.99 is justified ? If not, what relief the workman is entitled for ?'

    The Tribunal while declaring the termination of workman as improper and illegal further directed the employer to reinstate him with 30% back wages within 30 days, failing which the amount of back wages will carry 9% interest.

    3 . Shri Anoop Nair, learned counsel for the employer urged that as per pleadings of t

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