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1996 Supreme(SC) 1588

B.N.KIRPAL, J.S.VERMA
Chairman, Coal India LTD. – Appellant
Versus
Madan Prasad Sinha: Joy Kumar Sinha: Jay Prakash Singh – Respondent


(1) THESE appeals by special leave are against the judgments dated 1-10-1985 and 30-5-1990 of the Single Bench and the Division Bench respectively of the Calcutta High Court whereby the Single Bench allowed the writ petitions filed by the respondent and the Division Bench, on appeal, merely modified the relief granted by the Single Bench.

(2) THE learned Additional Solicitor General appearing on behalf of the appellants submitted that the very foundation of the respondents claim is disputed and so also their identity inasmuch as it was the appellants case throughout that none of the respondents was a workman who could claim to continue as a workman of the appellant on nationalisation of the coal mines. It was also contended that several disputed questions of fact arose for adjudication and, therefore, the writ petitions under Article 226 of the Constitution were not maintainable and the remedy, if any, available to the respondents was under the industrial law relating to the adjudication of an industrial dispute. Learned Additional Solicitor General reiterated that the identity and status of the respondents as workmen being seriously disputed, this alone was suffici


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