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Civil · Reportable judgment

M/s Mitra S.P. (P) Ltd. & Anr. vs Dhiren Kumar

Court
Supreme Court of India
Date
4 August 2022
Case No.
Civil Appeal Nos. 4863-4866 of 2022
Result
Disposed
Bench
M.R. Shah, B.V. Nagarathna
Citation
[2022] 6 S.C.R. 871 : 2022 INSC 795
Supreme Court Reports [2022] 6 S.C.R. 871 : 2022 INSC 795
Headnote

Labour Laws – Industrial Disputes Act, 1947 – s.33(C)(2) – Single Judge of High Court passed common judgment - dismissing the writ petition preferred by the Management in which the Management challenged the original judgment and award passed by the Labour Court and allowing the writ petition preferred by the workman against the order of Labour Court rejecting his s.33(C)(2) application – Held: So far as challenge to the award passed by the Labour Court by the Management is concerned, there was only one submission with respect to territorial jurisdiction and the Single Judge negatived the same – The same does not warrant any interference – However, at the same time, while allowing the writ petition preferred by the workman, there was no discussion at all by the Single Judge on the order passed by the Labour Court rejecting the s.33(C)(2) application – The Single Judge ought to have given some findings on the order passed by the Labour Court rejecting the s.33(C)(2) application – Under the circumstances, matter remitted back to Single Judge of High Court to decide writ petition preferred by the workman afresh, on merits.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the High Court in Writ Appeal Nos. 615/2021 and 617/2017 in respective Writ Petition Nos. 2955/2021 and 5271/2009, the Management has preferred the present appeals. 2. The respondent – workman was appointed as a Junior Supervisor with the company’s branch at Visakhapatnam. While he was working at Visakhapatnam, he was transferred to Jharsuguda in State of Orissa vide order dated 20.07.1997. The workman instead of joining at the place of transf
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