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Sr.Suptd.Telegraph(Traffic)Bhopal vs Santosh Kumar Seal And Ors on 26 April, 2010

In support of this contention the counsel for the petitioners relied upon one judgment of the Hon'ble Supreme Court in the case of "Senior Superintendent Telegraph (Traffic), Bhopal v. Santosh Kumar Seal and Ors.", (2010) 6 Supreme Court Cases 773 . Counsel submitted that in the said case the concerned workmen, who had raised the industrial dispute about the illegal termination of their services, were engaged as casual workers and the industrial tribunal to which the dispute was referred for adjudication after coming to the conclusion that the services of the workmen were terminated in contravention of the provisions of Section 25-F of the Act directed their reinstatement in service with back wages. That award was affirmed by the High Court. However, when the matter reached the Supreme Court in appeal at the W.P.(C) 3569/2005 Page 3 of 7 instance of the employer the award of reinstatement and back wages was set aside and instead monetary compensation was granted to each workman. Relying upon this decision of the Apex Court learned counsel for the petitioners had argued that when even in case of termination of services of the workmen who had worked for much more than 240 days relief of reinstatement and back wages was not given by the Apex Court that relief given to the respondent no.1-workman here who had not even worked for 240 days was totally unreasonable and unsustainable and, therefore, interference was required in this petition by this Court.
Supreme Court of India Cites 8 - Cited by 311 - R M Lodha - Full Document
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