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2024 Supreme(MP) 152

VIVEK RUSIA
D and H Secheron Electrodes Pvt. Ltd. – Appellant
Versus
Dinesh – Respondent


Advocates:
Girish Patwardhan with Oshin Upadhyay for petitioner;
Karpe Prakhar Mohan for respondent.

ORDER

1. Regard being had to the similitude of the controversy involved in the present cases, with the joint request of the parties, these Miscellaneous Petitions are finally heard and decided by this common order.

Impugned Award of the Labour Court :

2. The petitioner D & H Secheron Electrodes Pvt. Ltd. (hereinafter referred to as “ the Employer”) has filed the writ petitions (hereinafter referred to as “SET-A”) challenging the order dated 16.2.2022 whereby the Departmental Enquiry was vitiated as illegal and award dated 28.4.2023 was passed whereby respondent has been directed to reinstate the employees with 50% back wages.

3. Another set of writ petitions (hereinafter referred to as the “SET-B”) are filed by respondents (hereinafter referred to as “the workmen”) challenging the award dated 28.4.2023 to the extent of grant of 50% back wages against their claim of 100% back wages.

Factual background :

4. The Employer is a company engaged in the business of manufacturing and sale of different grades of electrodes in its manufacturing unit at 44-46 Industrial Area, Killa Maidan, Indore (M.P.). In the year 2014-15, there was a demand made by workers/ employees through the Registered Trad

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