SINGER INDIA LTD Vs. HANS RAJ BHAGAT
HIGH COURT OF JAMMU AND KASHMIR
Singer India Ltd
Hans Raj Bhagat
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(1.) HANS Raj Bhagat, respondent -1, has filed this application, CMP No.254/2005, seeking relief under Section 17 -B of the Industrial Disputes
Act, 1947. It is stated that the second respondent, Labour Court, has
ordered the reinstatement and payment of back wages to the first
respondent in terms of its award dated 11th of September, 2004. This
award has been questioned by Singer India Limited in OWP No.1173/2004.
(2.) MR . V.B. Gupta, learned counsel appearing for respondent -1, submits that the writ petitioner be directed to pay full wages to the
first respondent from the date of filing of the writ petition until the
conclusion of proceedings in OWP No.1173/2004.
(3.) THIS application has been opposed by the writ petitioner on the plea that the first respondent had been working in a supervisory capacity
and was not thus entitled to claim any relief under the Industrial
Disputes Act, because relief under the Act was available only to a
I have considered the submissions of learned counsel for the parties in support of their respective contentions.
Plea of the writ petitioner was examined by the Labour Court in
the light of the case law on the subject, whereafter it held that the
first respondent worked with the writ petitioner as a workman as defined
under the Industrial Disputes Act, 1947.;
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