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1 - 3 of 3 (0.57 seconds)The Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977
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.
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