Court : Guwahati
Decided on : Sep-19-2015
Judgment and Order (Cav) 1. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of award dated 08-02-2008 passed by the Labour Court, Dibrugarh in Reference Case No. 18/1995. 2. Petitioner is the management and respondent No.3 is the workman. 3. Facts of the case as projected may be briefly noted. 4. A bipartite settlement dated 07-03-1994 was entered into between the management and workmen of Hukanpukhuri Tea Estate represented by the Assam Chah Mazdoor Sangha (ACMS) for supply of firewood to the workers by the management. However, because of financial crisis, the management was not in a position to supply firewood to the workers. Management however promised to supply the firewood in installments. 5. Respondent No.3 who belongs to a different trade union which is not recognized, instigated the workers of the Tea Estate to resort to strike and led other workers to the office of the Manager where-after the Manager and the Assistant Manager w...
Tag this Judgment!Court : Guwahati
Decided on : Sep-04-2015
Judgment and Order (Oral) 1. The challenge in both the cases is to the award dated 31.12.2005 in the Reference No.8(C) of 2000, rendered by the learned Industrial Tribunal, Guwahati. The WP(C) No.2139/2008 is filed by 7 Khalasis, who according to the Presiding Officer, did not deserve reinstatement and regularization. Whereas the WP(C) No.5446/2006 is filed by the management of the Oil and Natural Gas Corporation Ltd. (in short the ONGC ) to challenge that part of the award, whereby the learned Industrial Tribunal ordered for reinstatement and regularization of the typists, who are arrayed in the proceeding as private respondent Nos.3-5. 2. The aggrieved Khalasis (hereinafter referred to as the workmen ) in the WP(C) No.2139/2008 are represented by the learned senior counsel Mr. A. Dasgupta. The management of the ONGC in both the cases is represented by the learned senior counsel Mr. G.N. Sahewalla. The private respondent Nos.3-5 in the WP(C) No.5446/2006 are represented by the learned...
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