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K.D.Sharma vs Steel Authorities Of India Ltd.& Ors on 9 July, 2008

16. So far as writ petition presented by the respondent No.1 claiming 100% back wages is concerned i.e. Writ Petition No.3686/2024, when the learned Counsel was confronted with page 62 undertaking dated 01/02/2016 of the petition, Mr. Jamal learned Counsel has fairly conceded that the communication is executed and is signed by the respondent No.1, as such, the respondent No.1 has indulged into suppression of material aspect before the Tribunal. The said suppression was rather deliberate, resulting into fraud upon the Tribunal as has been held by the Supreme Court in the case of K.D. Sharma Vs. Steel Authority of India Limited and others (2008) 12 SCC 481, where the principles laid therein unequivocally obligate the parties to unfold the facts in its entirety and not to withhold any facts. Admittedly, the respondent No.1 has indulged into suppression, therefore, same disentitles the respondent No.1 to claim any relief, much less the relief of reinstatement vis-a-vis back wages. Accordingly, writ petition presented by the employee is dismissed, in the wake of finding rendered hereinabove.
Supreme Court of India Cites 12 - Cited by 513 - C K Thakker - Full Document
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